Case Details

Citation(s)
2006 SLG 2245 2006 SLD 2245 2006 CLC 1450
Lahore High Court
Writ Petition No.3778 of 2004, heard on 19-01-2005.
JAWWAD S. KHAWAJA, J

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ZABTA KHAN

VS

GOVERNMENT OF THE PUNJAB through Secretary Local Government and Rural Development, Lahore and 4 others.

Law:

Section:

Constitution of Pakistan (1973)-------Art.199---Constitutional petition---Tehsil Municipal Administration---Auction for collection rights in respect of fees relating to cattle markets---Participation was subject to a call deposit---Bidders were invited by Tehsil Municipal Authority but auction was not held---Petitioner contended that although he had furnished a call deposit but auction was not arranged by Municipal Authority and contract was awarded to respondent in a underhand manner---Petition was contested by Municipal Authority holding that instead of petitioner another person submitted a call deposit but did not participate in bidding hence the call deposit was returned to the person concerned---Validity---Certificate issued by the bank had established that call deposit was made out in the name of petitioner and not in the name of other person even record of Municipal Authority did not support the stance taken by the administration---Held; it was unbelievable that petitioner, after depositing a substantial amount was not present to participate in auction on the day fixed by Municipal Authority was also unable to explain as to why representative of District Coordination Officer was not present at auction to observe the proceedings as per instructions to all said officers and Tehsil Municipal Officers in relation to cattle Mandis---Award of contract for collection of fee relating to cattle markets awarded by Municipal Authority to respondents was without lawful basis. Abdur Rashid Sheikh for Petitioner. Malik Muhammad Rafiq Rajwana for Respondent No.5. Pirzada Wall Muhammad Naseem Jafferi with Muhammad Safdar, T.M.O. D.G. Khan for Respondents Nos.3 and 4. Date of hearing: 19th January, 2005. JUDGMENT JAWWAD S. KHAWAJA, J.--- Through an advertisement appearing in Daily "Khabrain" on 20-6-2004 the respondent T.M.A. invited prospective bidders to participate in the auction for the collection rights in respect of fees relating to cattle markets. The date of auction was fixed as 28-6-2004. One of the preconditions for participating in the auction was the deposit of Rs.30,00,000 in cash or in the form of a call deposit with the concerned functionary of the…
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