Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional jurisdiction---Exercise of---Petitioner who had himself admitted that he had signed terms and conditions of lease agreement, had alleged that he was asked to sign terms and conditions soon after auction was approved in his favour on the spot which he signed without reading same---Disputed question of fact whether terms and conditions of lease agreement was signed by petitioner, before or after the auction was accepted could not be gone into in constitutional petition---Even otherwise as petitioner had extended into contractual relation with respondent authority which was governed by terms and conditions, in absence of violation of any statutory rules, any dispute arising from such contract, was not amenable to constitutional jurisdiction especially when terms and conditions of agreement had specifically provided that dispute arising out of contract of lease between parties, could be resolved through arbitration which was proper and adequate remedy available to petitioner. M/s. Sandal Fibres Limited v. Government of Pakistan and 7 others PLD 1992 Lah. 400; A.F.M. Abdul Fateh v. Province of East Pakistan and another PLD 1966 Dacca 178 and Mir Rasool Bux Khan Sundrani & Co. v. People's Municipality, Bukkur and 2 others PLD 1975 Kar. 878 ref. JUDGMENT FAZAL ILAHI KHAN, CJ.---In this writ petition Abdul Razaq auction purchaser has prayed for issuance of a writ order or other appropriate direction to the respondents restraining them from violating the terms and conditions of lease of Export Tax for the year 1992-93 announced at the time of open auction, and compelling the petitioner to pay additional charges on account of Education Tax. 2. Facts of the case as given in the present writ petition briefly stated are that District Council Peshawar through its Chairman, (respondent No. 1) issued a public notice to auction lease of Export Tax alongwith educational Tax for a period of six months commencing from 1-7-1992 to 31-12-1992. In a number of Daily Newspapers of the province including that in Daily Sarhad dated 26-5-1992. The auction was held on 3-6-1992, in which the highest bid of one Nobat Khan…

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