Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Sale of State land---Determination of price by the Competent Authority---Validity---Rule of promissory estoppel--­Applicability---Authority had agreed to sell the property to the petitioner, a lessee through a private treaty, but never made any promise qua the price, which was yet to be determined by the Competent Authority and conveyed to the petitioner---Competent Authority fixed the price of the property but the same was not accepted by the petitioner---Price fixed by the Competent Authority which was its prerogative as seller having not been accepted by the petitioner it could not be said that the State ever agreed to sell the property at a particular price and having not sold to the petitioner at that price the State had breached the rule of promissory estoppel ---Government was not bound by any rule of Contract Law, the principle of fair-play, equity for promissory, estoppel to necessarily convey the property to the petitioner for the prices the petitioner wanted to offer---Petitioner having not agreed to the price as fixed by the Competent Authority and having no vested right, the State was well within its authority to change its decision to sell the property to the petitioner through a private treaty and in order to fetch the better competitive price could direct the sale through open auction---Petitioner, being a lessee of the property and being always keen to purchase the property in question, High Court, in circumstances, observed that in case the petitioner was not the highest bidder in the auction held by the Authorities, then before taking the decision to approve the auction for the price offered by the highest bidder, the petitioner must be offered to match the highest bid and in case, that was so done by the petitioner, the property be sold to him. Writ Petition No. 19065 of 1998 and 1994 CLC 369 distinguished. Writ Petition No. 19065 of 1998; Syed Ali Shah's case 1994 CLC 369; Ghazi Fabric International Limited, Gulberg-III, Lahore's case PLD 2000 Lah. 349; Ghulam Mustafa Jatoi's case 1994 SCMR 1299; Messrs Farid Sons Limited, Karachi's case PLD 1961 SC 537; Mehar…

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