| Citation(s) |
|---|
| 1998 SLG 880 1998 SLD 880 1998 SCMR 2331 |
Supreme Court of Pakistan
Civil Petition No.430 of 1995, decision dated: 10-10-1995. (On appeal from the judgment dated 28-8-1995 passed by the learned Single Judge of Lahore High Court, Rawalpindi Bench, Rawalpindi in Writ Petition No.933 of 1995)
ZIA MAHMOOD MIRZA, RAJA AFRASIAB KHAN AND MUHAMMAD BASHIR, JEHANGIRI, JJ
Nasir Saeed Sheikh, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Khan Imtiaz Muhammad Khan, Advocate-on-Record for
Respondents
Civil Petition No.430 of 1995, decision dated: 10-10-1995. (On appeal from the judgment dated 28-8-1995 passed by the learned Single Judge of Lahore High Court, Rawalpindi Bench, Rawalpindi in Writ Petition No.933 of 1995)
ZIA MAHMOOD MIRZA, RAJA AFRASIAB KHAN AND MUHAMMAD BASHIR, JEHANGIRI, JJ
Nasir Saeed Sheikh, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Khan Imtiaz Muhammad Khan, Advocate-on-Record for
Respondents
MUHAMMAD RAFIQUE
VS
THE DISTRICT COUNCIL, RAWALPINDI through Administrator/Chief Officer and another
Law:
Section:
Punjab Local Councils (Lease) Rules, 1990--R. 7---Constitution of Pakistan (1973), Art. 185(3)---Auction of lease for collection of Goods Exit Tax---Petitioner's bid, though highest, was rejected and re-auction was ordered---Petitioner's Constitutional petition before High Court against rejection of his bid was rejected---Validity---During course of hearing the Court was informed that in re-auction highest bid received was much more than the bid offered by petitioner---Supreme Court in order to satisfy itself about genuineness of re-auction and bona fides of highest bidder, directed Administrator of Zila Council to proceed with confirmation proceedings in accordance with law and on his confirmation bidder would be required to deposit 1/10th of his bid money within three days of confirmation as provided in R. 7, Punjab Local Councils (Lease) Rules, 1990 and also to deposit first monthly instalment---Petition for leave to appeal was adjourned to a future date for further proceedings. ORDER ZIA MAHMOOD MIRZA, J.---Zila Council, Rawalpindi auctioned the lease for collection of Goods Exit Tax for the year 1995-96. Auction was held on 10-7-1995 in which the petitioner, amongst others, participated and gave the highest bid of Rs.4,21,00,000 but it was not accepted by the Deputy Commissioner/Administrator who finding it inadequate ordered re-auction. Feeling aggrieved, petitioner approached the High Court in its Constitutional jurisdiction but with no better result as the learned Judge in the High Court found that the bid of the petitioner was rejected after due consideration and re-auction has been ordered in public interest, in which the petitioner is…
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