Law:

Section:

Settlement Scheme No.VIII---------.- ----Para. 7(c)---Property in dispute was put to auction previously on numerous occasions, but every time bid fetched was much below the reserve price---On inviting tenders under Scheme, appellant participated in negotiation and gave highest bid, but same was rejected by Chief Settlement Commissioner who ignored previous background of case---Discretion vested in Chief Settlement Commissioner was to be exercised justly, fairly and in accordance with law, having regard to its object and policy and not arbitrarily and capriciously while accepting or rejecting bid depending upon facts and circumstances of each case--- Chief Settlement Commissioner in ignoring previous background of case and in rejecting bid offered by appellant, having violated provisions of Scheme, case was remanded to Member, Board of Revenue (Settlement) to decide afresh in accordance with law. R.A. Zafar for Appellant. Inayat Ullah Khan for Respondents. Date of hearing: 2nd March, 1991. JUDGMENT The dispute in this case relates to reserve price/auction price of Durga Das Cotton Factory Gillewala, District Multan. The industrial concern in dispute was put to auction on numerous occasions but the sale was not finalised. Previously, the reserve price was fixed at Rs.54,000 but it did not receive any bid. The reserve price was, therefore, reduced to Rs.35,591. It was again put to auction on 27-6-1973 with the reduced reserve price. It did not receive any bid. Consequently, tenders were invited under the Revised Settlement Scheme No.VIII on reserve price of Rs.35,591. The appellant and two others participated in the negotiation. He gave the highest bid of Rs.15,500 which was however, rejected on 8-11-1973 by the Chief Settlement Commissioner. The appellant feeling aggrieved filed Writ Petition No.900/R of 1973 on the plea that in terms of paragraph 7(c) of Settlement Scheme No.VIII as re-constituted, the Chief Settlement Commissioner had no power in law to reject the highest offer. The learned Judge in Chamber, after exhaustive examination of the plea raised by the appellant and examining the case-lad' on the subject,   held that the word…