Law:

Section:

(a) Constitution of Pakistan (1973)------Art. 199---Civil Procedure Code (V of 1908), O. XLVII, Rr.l & 2--­Constitutional petition---Review---Notice was not received by the respondents well in time---Petition was disposed of in absence of the respondents---Validity---Where the respondents were not present in the Court, order passed on that date was recalled---Review petition was allowed accordingly. (b) Punjab Local Councils (Lease) Rules, 1990--- ----R. 4(1)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Auction---Petitioner being the highest bidder, agreement was executed between the parties---After conclusion of auction proceedings, third party raised objection to the proceedings on the ground that the same were conducted five days after the press publication, instead of seven days as required under R.4(1) of the Punjab Local Councils (Lease) Rules, 1990---Third party made an offer to pay 10% over and above the highest bid given by the petitioner---Authorities accepted the offer of the third party---Validity---Where period for holding auction was at least 7 days in terms of R.4(1) of the Punjab Local Councils (Lease) Rules, 1990, and the same was not given, auction proceedings were held in violation of the mandatory provisions of Rules---High Court, to avoid multiplicity of proceedings, directed the petitioner to pay 10% more over and above the auction price and disposed of the petition accordingly. Abdul Hamid's case 1997 CLC 540 ref. (c) Illegal order--- ---- Where basic order is without lawful authority, the superstructure falls on ground automatically. Yousaf Ali v. Muhammad Aslam Zia PLD 1958 SC (Pak.) 104 and Crescent Sugar Mills' case PLD 1982 Lah. 1 ref. (d) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Subsequent events--­Consideration---High Court has ample power to look into subsequent events at the time of deciding Constitutional petition. Nasir Jamal v. Zubeida Begum 1990 CLC 1069 ref. ORDER This is an application for review of the order of this Court, dated 24-10-1993. The learned counsel of the applicant submits that respondent No. l received an intimation from the office of the…

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