Case Details

Citation(s)
1992 SLD 761 = 1992 CLC 335
Lahore High Court
Inter Court Appeals Nos.412 and 413 of 1991, decided on 30th July, 199t'
Presented By: Before Khalil-ur-Rehman Khan and Abdul Wahid, JJ
Mohammad Akram Sheikh for Appellant. Asadullah Siddique for
Respondent.

MUHAMMAD RAFIQUE---Appellant

VERSUS

MUHAMMAD AJMAL---Respondent

Law: Punjab Local Councils (Contract,) Rules, 1981

Section: 3

  Punjab Local Councils (Contract) Rules 1981--- ----R.19---Constitution of Pakistan (1973), Art. 199---Law Reforms Ordinance (XII of 1972), S. 3---Contract for collection of Zilla Council taxes---Originally, such contract was awarded through auction .to respondent but the same was discarded by the Chairman of Zilla Council, who awarded the same to appellant through second auction---Validity of second auction ---Jurisdiction-- Both parties canvassing legality or otherwise of the first auction and the effect thereof, on the legality or otherwise of the second auction and on the acceptance of bids offered in the second auction---Appellants, thus, could not take plea that the question of second auction and bids offered by them were not the subject-matter of Constitutional petition filed by respondent---Parties in Constitutional petition having argued with regard to illegality or otherwise of second auction, High Court had not dealt with the same suo motu---Second auction and bids offered by appellants were thus, subject-matter of Constitutional petitions. Punjab Local Councils (Contract). Rules 1981- ----R. 19--Punjab Zilla Council Export, Tax Rules 1990, R. 16---Law Reforms Ordinance (XII of 1972), S. 3---Public auction conducted without public notice --Effect ---Zilla Council can lease out collection of Zilla Council Taxes by public auction---Term "public auction" connotes, public notice---Appellants'  plea  that  public  notice"  dated   26-4-1991 whereby auction was to be conducted on 30-4-1991 and if same could not take place on that date then on 6-5-1991 and 8-5-1991; could be treated as public notice for purpose of auction conducted on 8-5-1991; was devoid of force---Auction for collection of taxes having not taken place on 30-4-1991, notice for purpose of same had also become redundant---No notice having been given for holding auction on 8-5 1991, auction so conducted and the bids offered in the said auction failed to give rise to any valid contract between the parties or had the effect of vesting any legal right in appellants---Order passed by Single Judge i.e. of reauctioning the rights for the period…
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