Law:

Section:

Transfer of Property Act (IV of 1882)--- ----S. 105---Railway Commercial Manual, 1935, Para.1152---Constitution of Pakistan (1973), Art.199---Constitutional petition---Lease of land---Railway land which was lying vacant was leased out to respondent for cultivation purposes through an open public auction--Divisional Superintendent, Pakistan Railways, by its letter confirmed the auction in favour of the respondent---Petitioners had challenged said lease alleging that auction in favour of respondent was made in an illegal manner---Validity---Constitutional petition challenging lease in favour of respondent filed by petitioners after about 1-1/2 years of auction of lease was hit by the principle of laches---Even otherwise petitioners, who were not owners of the property, had no locus standi to file petition against lease of land in dispute for cultivation purposes made in favour of respondent---Contention that if disputed land was used for agricultural purpose, it would create hazard for the public, was repelled as nobody else from the town had come forward to agitate the same---Land in dispute, in circumstance was rightly leased out to respondent. JUDGMENT ZAFAR IQBAL CHAUDHRY, J.--- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioners have challenged the auction .held on 13-6-2005 and the letter, dated 22-9-2005 to be mala fide, without lawful authority and of no legal effect and direction has been sought to be issued to respondent No.3 to finalize the case of construction of public park pending since 13-8-2004. 2. The precise facts of the case as mentioned in the writ petition are that Railway land measuring 24-K was lying vacant at Abdul Hakeem, Railway Station Tehsil Kabirwala, District Khanewal. In the year 2005, the said land was leased out to respondent No.4 for cultivation purposes through an open public auction held on 13-6-2005 at the Rest House of Shor Kot Railway Station. The respondent No.3 by its letter, dated 22-9-2005 confirmed the auction in favour of the respondent No.4 at the rate of Rs.10,100 per acre. 3. The learned counsel for the petitioners contends that land measuring 24 K, at…

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