Law:

Section:

Punjab Local Councils (Lease) Rules, 1990--Rs. 4 & 5 --- Constitution of Pakistan (1973), Art. 185(3) --- Auction of realization of fee for transfer of immovable property-Date advertised for auction was accelerated through publication and auction was held on the very next day of publication and bid of petitioner was accepted on that day through negotiation --- No justification and necessity for change in date of auction was shown and such change did not fulfil requirement of seven days' notice under the Rules --- Change in auction date and acceptance of petitioner's bid through negotiation had been challenged in suit before Civil Court which was pending and Trial Court by interim order had directed re-auction of the contract--­Petitioner who was denied to realise fee in accordance with contract filed Constitutional petition before High Court for directing Authorities to allow him to realize collection of fee, but Constitutional petition was dismissed and petitioner had sought leave to appeal against the of High Court --- Civil suit being pending adjudication against auction, in favour of petitioner, points raised by petitioner in petition for leave to appeal would arise therein --- Points agitated in petition for leave to appeal 'involved factual controversy which parties would be in a better position to raise and prove at trial after examining evidence in support of their pleas especially when such points were not argued in High Court --- Petition for leave to appeal was dismissed in circumstances. ORDER ABDUR RAHMAN KHAN, J --- Leave to appeal is sought against the judgment of a learned Judge in Chamber passed on 1-10-1998; whereby Writ Petition filed by the petitioner for directing the respondents to allow him "to start realising the collection of taxes on the immovable property within the limits of Municipal Corporation, Faisalabad in terms of the acceptance letter issued by the respondents in the auction conducted on 28-7-1998", was dismissed. 2. The relevant factual aspect of the matter is that the respondent for the first time gave a public notice on 25-4-1998 in newspaper known "Din" for auction of fee for transfer of immovable property for the year…

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