| Citation(s) |
|---|
| 1992 SLD 803 = 1992 CLC 1364 |
Board of Revenue, Punjab
R.O.R. No. 108-R of 1984, decided on 11th May, 1991.
Presented By: Before Hafeezttllah Ishaq,
Khan Younus Khan for Petitioner. Ch. Muhammad Altaf for
Respondent. -------
R.O.R. No. 108-R of 1984, decided on 11th May, 1991.
Presented By: Before Hafeezttllah Ishaq,
Khan Younus Khan for Petitioner. Ch. Muhammad Altaf for
Respondent. -------
Member (Revenue) Syed SHABIH ABBAS ZAIDI---Petitioner
VERSUS
THE STATE---Respondents
Law:
Section:
Scheme for Management and Disposal of Available Urban Properties in Punjab----- -- Para. 6---Auction of residual plot---Non-approval of petitioner's bid-- Department failed to show that decision to offer plot at revised reserved price fixed by Member, Board of Revenue, was ever extended to petitioner or he had been served with proper notice---Petitioner was prepared to pay revised reserved price---Department was directed to sell plot to petitioner in circumstances. Khan Younus Khan for Petitioner. Ch. Muhammad Altaf for Respondent. ORDER This case arises out of the remand order dated 16-10-1990 in Writ Petition No.108/R of 1984. Briefly stated the facts of the case are that evacuee plot bearing Khasra No.171 Min (3 Kanals 8 Marlas) was auctioned on 10-6-1980, alongwith the other plots by the Administrator (Residual Properties), Board of Revenue, Punjab, Lahore. Its reserve price was fixed at Rs.20,400 against which the petitioner was the highest bidder for Rs.23,000. He had duly deposited Rs.1,000 with the Auction Committee and Rs.3,710 as 1/4th payment of the price of the plot. However, the bid 'was not approved being on the low side. Aggrieved with the order rejecting the bid, the petitioner took recourse to the Lahore High Court where he contended that the bid of one Anjum Ayub of Rs.22,500 for a plot measuring 3 Kanals 10 Marlas in the same Khasra number, had been confirmed. This position was admitted by the Department in its comments leading to the observations by the Lahore High Court that "no such offer was ever extended to the petitioner. Since the point that other persons placed in similar circumstances have not been denied seriously and the case of the petitioner was not processed in accordance with the amended Scheme for Management and Disposal of the Available Urban Properties. I accept this writ petition and set aside the impugned order, dated 4th January, 1981, with the direction that the case be remanded to respondent No.1, who shall decide the matter giving full opportunity to the petitioner strictly in accordance with law". I have heard the learned counsel for the parties and perused the case record. It has…