Law:

Section:

Transfer of Property Act (IV of 1882)-------Ss. 105, 107 & 111---Constitution of Pakistan, Art.199---Constitutional petition---Lease of land through open auction---Non-delivery of vacant possession of land to lessee---Petitioners, participated in- the auction proceeding and succeeded to get lands in different Mouzas of the District---Petitioner had made the payment of bid amount---Contention of the petitioners, was that despite making deposit of heavy amount, they were not given vacant possession of land and in the meanwhile the lease period expired and their paid amounts were adjusted for the next year and even then authorities failed to hand over vacant possession of land---Petitioners had called in question advertisement published for further auction of land in dispute contending that petitioners who had made payments of heavy amount, were entitled to said lease for next year on adjustment of the amounts already received by the authorities---Validity---Held, actual lease amount of the lands for the next year, could only be determined through fresh auction and thereafter the question of adjustment would arise---Constitutional petition, in circumstances was pre-mature---Since the authorities had raised certain objections with regard to the previous auctions held, certain factual controversies had arisen, which could not be determined in constitutional petition by High Court---Constitutional petition was dismissed. Benedict F. D' Souza v. Karachi Building Control Authority and 3 others 1989 SCMR 918 and Muhammad Younas Khan and 12 others v. Government of N.-W.F.P. through Secretary, Forest Agriculture, Peshawar and others 1993 SCMR 618 ref. Ch. Umar Hayat Sindhu for Petitioners. Muhammad Azam Zia for Respondents. Muhammad Azeem Malik, Addl. Advocate General. ORDER IQBAL HAMEED-UR-RAHMAN, J.--- Through the instant writ petition the petitioner has made the following prayer:-- "It is most respectfully prayed that the respondents may very kindly be directed to hand over the possession of the land to the petitioners for the year 2010-2011 allotted to them on lease and by adjusting the heavy amount already received by the respondents for the year of 2010-.2011.…

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