| Citation(s) |
|---|
| 1996 SLG 1342 1996 SLD 1342 1996 CLC 282 |
Lahore High Court
Writ Petitions Nos. 1876 and 2101 of 1994/BWP, decision dated: 3rd April, 1995
M. JAVED BUTTAR, J
Muhammad Jaffar Hashmi for Petitioner. Ch. Muhammad Azam for
Respondents Nos.1 and 2. Mohsin Raza Joya for
Respondent No3
Writ Petitions Nos. 1876 and 2101 of 1994/BWP, decision dated: 3rd April, 1995
M. JAVED BUTTAR, J
Muhammad Jaffar Hashmi for Petitioner. Ch. Muhammad Azam for
Respondents Nos.1 and 2. Mohsin Raza Joya for
Respondent No3
MUHAMMAD ANWAR and 8 others
VS
MUNICIPAL COMMITTEE, HASILPUR and 2 others
Law:
Section:
(a) Punjab Local Councils (Contract) Rules. 1981-------R.5(2)---Punjab Local Government Ordinance (VI of 1979), S.156--Constitution of Pakistan (1973), Art.199---Constitutional petition---Natural justice, principles of---Open auction for plots of shops owned by Municipal Committee within Municipal area---Petitioners were highest bidders for plots in question---Formal approval of such auction by Deputy Commissioner--Deputy Commissioner, however, cancelled such auction subsequently and ordered fresh auction---Validity---Petitioners were highest bidders and they had deposited earnest money in time and auction was also approved by Administrator, Municipal Committee---Valuable vested rights, thus, had accrued to petitioners in regard to property for which they had made their bids---Petitioners, therefore, had the right to be heard before any adverse order could be passed against them---Deputy Commissioner acted illegally in issuing direction for re-auction of plots without first affording petitioners opportunity of being heard---Deputy Commissioner's order cancelling auction of plots in question, and directing re-auction of same being violative of principles of natural justice was set side---Deputy Commissioner, however, would have option to decide the matter afresh after affording petitioners, full opportunity of being heard and after holding detailed inquiry in regard to title of property in question. Ittehad & Co. v. The Commissioner, Faisalabad and 3 others PLD 1994 Lah. 29; Dr. Nusrat Ullah Chaudhry and 2 others v. Government of the Punjab through Secretary, Cooperative Department, Lahore and 2 others PLD 1994 Lah. 353; Mrs. Anisa Rehman v. P.IA.C. and another 1994 SCMR 2232; Bashir Ahmad Bilour v. Municipal Committee through its Administrator and 3 others PL.D 1976 Pesh. 1; Muhammad Abdullah v. Municipal Committee, Gujranwala PLD 1967 Lah. 1011; Arsalla Khan v. Bashir Ahmed Blour and 3 others PL.D 1976 SC 581 and Muhammad Hussain Butt v. Zila Council and others 1994 CLC 502 ref. (b) Punjab Local Councils (Contract) Rules, 1980--- ----RS---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction, exercise of---Scope---Cancellation of bid…
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