Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973) Art. 199---Constitutional petition---Purchase of plots in auction-- Cancellation of plots---Failure to issue allotment order---Petitioner was successful bidder and had paid 50% of the occupancy value in accordance with the terms of auction---Authorities did not issue the allotment order and the petitioner failed to pay the balance price within specified time---Plots were cancelled from the name of the petitioner without any show-cause notice---Validity---Value of the plots was tremendously increased and it was not fair to tie down the Authorities to deliver possession on the basis of terms agreed several years ago because of negligence of their officers-- Petitioner having agreed to pay Rs.1,00,000 over and above the occupancy value of the plots. Authorities were directed by High Court to deliver allotment order and possession of plots upon payment of Rs.1,00,000 to the petitioner. . Ainuddin Khan, Addl. A.-G.                                                                                                                                                                   ORDER The petitioner who was the highest bidder in respect of the certain plots of land being auctioned by the respondent No.2 paid 50% of the occupancy value in accordance with the terms of the auction. However, the allotment order as required by the terms of auction was not admittedly issued and thereafter he did not pay the remaining occupancy value within the specified time, notice of demands was issued requiring him to pay the amount together with surcharge at the rate of 12.5 % per annum and upon failure of the petitioner to pay surcharge the plot was cancelled. The petitioner has approached this Court alleging that the levy of surcharge in the circumstances and…