Law:

Section:

(a) Cantonment Land Administration Rules, 1937-------Rr. 23 & 26---Sale of plot through public auction---Failure of highest bidder's to deposit specified amount of their bid---Auction proceedings in such case would stand annulled---No legal hindrance in the way of Authorities, thereafter, to dispose of property in conformity to provision of R. 26, Cantonment Land Administration Rules, 1937 through private agreement. (b) Cantonment Land Administration Rules, 1937--- ----R. 21---Constitution of Pakistan (1973), Art. 199---Public auction--­Constitutional petition--- Holding of public auction prematurely before the expiry of period provided in R. 21---Validity---Petitioner who had taken part in such auction had never raised such plea before the Authorities---Petitioner, therefore, could not be allowed to agitate such plea before High Court in its Constitutional jurisdiction which he had never taken before Authorities when he himself participated in such public auction. (c) Cantonment Land Administration Rules, 1937--- ----Rr. 23 & 26---Public auction---Petitioners bid being fourth in the auction, first three bidders were required to deposit specified portion of their bid amount which they failed---Petitioner participated in the private negotiations with Authorities and offered specified amount for the purchase of land--­Petitioner's offer was rejected---Petitioner, therefore, took plea that his initial position being fourth in the public auction he should have been offered to deposit specified amount when persons who were above him had failed to deposit the same---Petitioner having taken no such plea when he was having private negotiation with the Authorities and having offered specified amount for the purchase; of property in question, could not be allowed afterwards, to approbate and reprobate: -[Approbate and reprobate]. (d) Cantonment Land Administration Rules, 1937--- ----Rr. 23 & 26---Constitution of Pakistan (1973), Art. 199---Public auction--­Constitutional petition---Petitioner on failing in his bid in public auction and thereafter in private negotiations, raising controversial questions of fact---Such question requiring inquiry and recording…

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