Law:

Section:

AMIR-UL-MULK MENGAL, J.--The petitioners have challenged in the present Constitutional petition the action taken by the respondents particularly respondent No. 2 who is an Octroi Contractor for Municipal Corporation, Quetta, whereby he started recovery of Octroi on the goods purchased by the petitioners in public auction held within Ordnance Depot, Quetta Cantonment Board.   Facts briefly stated are that the Chief Ordnance Officer, Ordnance Depot, Cantt. intended to dispose of non-usable items like transport vehicles, blankets, leather , scrap and many other such-like goods.' For the aforementioned purpose a Government Auctioneer was appointed, who issued a public notice in various daily newspapers.   The petitioners participated in the auction and being highest bidders they purchased goods in lots in the following manner. Petitioner No.l 1  lot.   Petitioner No.2 2  lots.   Petitioner No.3 1  lot.   Petitioner No.4   2  lots. Petitioner No.5 2  lots.   Petitioner No.6 1  lot.   Petitioner No 7 2  lots and   Petitioner No.8 1  lot."     Petitioner No. 1 purchased the lot sold to him in auction for the sum of Rs.13,30,000 and made payment of the earnest money of Rs.3,50,000. The remaining amount was paid by him on 16-2-1994. Resultantly the Commandant, Ordnance Depot, Quetta Cantt. specified the old vehicles which have been sold to petitioner No. 1. Since the petitioner No.l wanted to dismantle the said vehicles into scrap in order to transport the scrap to Rawalpindi, Punjab or Sindh, therefore, the vehicles were dismantled and scrap was filled in a truck. When the loaded truck moved out of the back gate of the Ordnance Depot and was yet standing before the said gate, a representative of the respondent Contractor appeared and forcibly obliged the driver to take the vehicle to the Octroi Post situate at Samugli By-Pass, Quetta. According to the petitioner No. 1 his attorney Ghulam Nabi protested but the contractor claimed charging octroi as according to him these goods were liable to octroi, therefore, the said truck would not be released unless octroi is…