Law:

Section:

Public auction--- ----  Constitution  of  Pakistan  (1973),  Art: 199---Constitutional petition-- Laches---Sale of property through public auction---Non-deposit of requisite amount by three highest bidders resulting in rejection of their bids-- Respondent on basis of private negotiation and having offered the highest bid was granted propriety rights of such property---Petitioner whose initial bid at public auction was not accepted being too low also offering specified amount for purchase of property in question, but his  bid  being  lower  than  respondent,  was rejected---Validity---Constitutional petition was not a mechanical course in every case unless it was shown that Authorities had violated law and that no other remedy was available to aggrieved person---When respondent's bid was accepted for the sale of property in question, there was no bid of petitioner before the Authorities---No legal objection could thus, be taken against impugned action of authorities when they passed resolution accepting respondent's bid---When resolution had been passed and other formalities had been undergone, High Court would decline relief to petitioner in exercise of its Constitutional jurisdiction which was essentially discretionary in nature, especially when it suffered from laches and no plausible explanation had been furnished for filing it at belated stage---Constitutional petition was dismissed in circumstances. PLD 1993 Kar. 312 rel.   Farooq Adam Khan for Petitioner. Faqir Ahmad Khan for Respondents Nos. 1 and 2 (in Civil Miscellaneous No. 107 of 1995). Saadat Hussain, Dy.A.-G. for Respondents Nos. 3 and 4. M. Zahurul Haq, Bar-at-Law for Respondent No. 5. ORDER SYED IBNE ALI, ACTG. C.J.---Some commercial plots situated at Sher Shah Road, Sadar Bazar Nowshera Cantt belong to Cantonment Board Nowshera. The lease rights of these plots were to be sold through public auction. For that purpose on 22-4-1994 advertisements were published in the press. Those interested in the auction deposited, per demand, Rs. 20,000 as security. The auction was held on 24-4-1994. The following five bids were found the…