Law:

Section:

(a) Natural justice, principles of-------Order passed without hearing would be illegal and void and should normally be so declared. (b) Punjab Local Councils (Lease) Rules, 1990--- ----8. 4---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Cancellation of auction bid on the direction of Chief Minister ---Validity--­Question of competence of Chief Minister was although open to serious probe, yet exercise of Constitutional jurisdiction under Art. 199 of the Constitution being discretionary its exercise can be declined where impugned order promotes public welfare, even though same be illegal---Order of Chief Minister though illegal but being for public welfare, would warrant no interference. Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner and others PLD 1973 SC 236 rel. (c) Punjab Local Councils (Lease) Rules, 1990--- ----R 4---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Cancellation of auction proceeding---Validity---Petitioner had obtained lease rights in respect of collection of fee on sale/purchase of animals taking place during weekly cattle market, at specified place for sum of Rs.19,12,000, while his rival bidder had given minimum offer of Rs.60,50,000 and handed in Court two deposits-at-call slips in the total sum of Rs.. one million---Difference between two offers being more than 4 million rupees, such difference could not be brushed aside by simply describing act of rival bidder to be the result of ill­motives and business rivalry---Administrator of Zila Council was directed to hold fresh auction in respect of specified market where minimum base offer would be Rs.60,50,000 for one year of collection rights---Proposed auction would be duly published so as to attract maximum bidders---Amount of rupees one million would be deemed to be earnest money and dealt with in accordance with Punjab Local Councils (Lease) Rules, 1990. (d) Punjab Local Councils (Lease) Rules, 1990--- ----R 4---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Conduct of Administrator and other concerned officials in conducting auction proceedings---High Court restrained itself from passing directions…

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