Law:

Section:

Auction----First right of refusal---Matching of bid---Parties participated in auction of lease hold rights of an amusement park which was already in possession of respondent was the highest bidder but contract was awarded to respondent in exercise of condition of First right of refusal---Validity did not have experience in respect of running amusement park as required by authorities---Such experience was essential and necessary so as to protect lives of people especially the children coming to such recreational places for amusement purposes did not agitate the matter at relevant time before competent authority and kept mum, rather participated in bidding process was in legal possession of subject matter and had right of first refusal of the highest bid and that was for him to decide whether such rate was acceptable or not---When respondent opted to retain lease on the highest bid, the authorities were under obligation to execute fresh lease in his favour and the same was done as per terms and condition of tender notice/advertisement---Such clause of advertisement was not against rights of petitioner and other participants---High Court in exercise of Constitutional jurisdiction under Art.199 of the Constitution, declined to interfere in the decision made by the authorities as there was no arbitrariness, illegality, irrationality and procedural impropriety or mala fide on their part--- Constitutional petition was dismissed, in circumstances. Ishaq Khan Khakwani and another v. Railway Board through Chairman and others PLD 2019 SC 602; Suo Motu Case No. 13 of 2009 PLD 2011 SC 619; M/S. Airport Support Services v. The Airport Manager, Quaid-e-Azam International Airport, Karachi and others 1998 SCMR 2268; Ahmad Mehmood v. Government of Punjab through Chief Secretary and others PLD 2019 Lah. 206; Hakim Ali v. Province of Sindh through Secretary, Coal Mines Development Depart and 6 others 2017 CLC 979; Tarique Hussain v. Government of Sindh through Secretary Auqaf and 3 others 2017 CLC Note 185; Haji Amin v. Pakistan Trading Corporation (Pvt.) Ltd. and another PLD 2009 Kar. 112; Mrs. Irene Wahab v. Lahore Dolsesan Trust Association 2002 SCMR 300; Muhammad Akram v.…

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