Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Maintainability---Matter in dispute had already been agitated before a Court of competent jurisdiction and petitioner was in possession of order of status quo and proceedings for violation of said order of status quo were pending in Trial Court--­Constitutional petition filed by petitioner was not maintainable in circumstances. ORDER Instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has been filed for declaring orders, dated 3-3-1999, 6-4-1999 and 5-5-1999 holding re-auction of the land in dispute as illegal, void ab initio, without jurisdiction and ineffective upon the rights of the petitioner. 2. Briefly stated the facts are that land described in para. No.2 of this petition was auctioned for five years from 1997 to 2002. The auction took place on 4-8-1997 and the petitioner being the highest bidder got the same. He deposited the auction price on the same day. Thereafter, he was also delivered the possession of land on 19-9-1997. On 4-9-1997, the order of auction, dated, 4-8-1997 was cancelled; the petitioner challenged this order by filing a civil suit. In the meanwhile, Iftikhar-ud-Din Khan also filed a writ petition challenging the auction proceedings but withdrew the such writ on 11-6-1998. The petitioner was also granted status quo…

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