Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan-------Art. 199--- Constitutional petition---Collection of Adda fee/tax---Auction--Terms and conditions---Petitioner participated in auction and was next higher bidder--- Plea raised by petitioner was that the highest bidder failed to honour the commitment therefore, he was to be declared as the successful bidder---Validity--Acceptance of petitioner's bid was contingent with the conditions that if first highest bidder failed to pay 1/4th amount of auction within stipulated period of time, the bid amount would be negotiated with petitioner--- Counter offer of petitioner was neither agreed by respondent / authorities nor was approved and there was no concluded contract between the parties---It was the policy of government that when recovery of toll tax was auctioned for a particular year at a particular amount, in the following year, the new bidder had to increase the bid by 10% at least---It was the liability of petitioner to pay 10% increase to authorities on the amount of highest bid for previous year--- Authorities were under legal obligation to return bid security amount / instrument to petitioner but after adjustment of outstanding amount against him--- High Court directed the authorities to conduct the auction afresh--- Constitutional petition was dismissed, in circumstances.Cantonment Board through Executive Officer, Cantt. Board, Rawalpindi v. Ikhlaq Ahmed and others 2014 SCMR 161; Haji Abdul Hamid Khan v. Amanullah Jan Khattak 2014 MLD 113; Lahore Development Authority and another v. Muhammad Tariq Civil Appeal No. 152-L of 2010 decided on 27.08.2020 and Hazara (Hill Tract) Improvement Trust through Chairman and others v. Mst. Qaisra Elahi and others 2005 SCMR 678 ref.Union of India v. Narain Singh AIR 1953 Punj. 274; Miraj Din v. Noor Muhammad and others 1970 SCMR 542; Munshi Muhammad and another v. Faizanul Haq and others1971 SCMR 533; Pervez Qureshi v. Settlement Commissioner Multan 1974 SCMR 337 and Moin-ud-Din v. Negotiating Committee for Disinvestment of Akmidc Units, Muzaffarabad and 8 others PLD 1987 SC AJ&K 99 rel.JUDGMENTSYED ARSHAD ALI, J.---Called in question herein are the concurrent findings both the Court below…

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