Law:

Section:

P L D 1995 Karachi 33 Constitutional Petition No. D-984 of 1993, heard on 10th August, 1994. Transfer of Managed Establishments Order (12 of 1978)--- ----Art. 4--- Constitution of Pakistan (1973), Art.199--- Constitutional petition--Maintainability--- Bids for purchase of shares/assets alongwith transfer of Management of Industrial unit--- Petitioner's bid being the highest, Government providing them opportunity to a raid price to a minimum of 9C per cent of reference price to enable Government to declare petitioners as successful Bidder ---Petitioners in response to said offer revising their bid to 90 per cent. of reference price and conveying acceptance of said offer to Government with. stipulated period---Government without assigning any reasons rejecting the pay order and revised offer of petitioners ---Validity-- Petitioner's Constitution petition was not filed for the enforcement of contractual obligation., but for relief, against actions of Executive Authority, which allegedly were unjust, unfair and arbitrary--- Government although reserved to itself discretionary power to accept or not to accept any bid yet while rejecting the same it should act justly, fairly and reasonably, which was lacking in petitioner's case--- Discretion vested in the Authority has to be exercised judiciously and, not arbitrarily--- Exercise of discretion against the subject should be based on sound principles of justice, equity, fairness and in accordance with the spirit of the provisions in which it occurs and should not be merely at the whims of the Authority---Government had failed to show that said discretion had been exercised judiciously keeping in view principles of justice, equity and fairness--- Petitioners having accepted Government's offer coupled with conditions attached thereto, Government was directed not to put to any other auction, the shares, assets and management of Industrial unit in question, or to open or accept any bid or enter into any negotiations for the said purpose with any other persons except petitioners. Amanullah Khan v. The Federal Covernment of Pakistan PLD 1990 SC 1092; Administrative Law Text by Kenneth Culp Davis~ p.94;…