Law:

Section:

(a) Punjab Local Government (Auctioning of Collection Rights) Rules, 2003-------R. 9---Constitution of Pakistan (1973), Art.199---Constitutional petition---Aggrieved person---Auction---Mere possibility of bidding out the auction without actual participation conferred no locus standi to file Constitutional petition---Prospective/potential bidder who had not joined the auction proceedings, could not be treated as an "aggrieved person" to maintain a Constitutional petition under Art.199 of the Constitution---If such persons were allowed to challenge the approval of highest bids coming out of open auction after due publication, sanctity attached to the official acts will lose its worth in the eyes of public at large and they will prefer not to participate in such proceedings in future. Nisar Ahmad and others v. Additional Secretary, Food and Agricultural Government of Pakistan 1979 SCMR 389; Mst. Noor Jehan Begum v. Dr. Abdus Samad and others 1987 SCMR 1577 and Messrs Ittehad Cargo Service and others v. Messrs Syed Tasneem Hussain Naqvi and others PLD 2001 SC 116 ref. (b) Punjab Local Government (Auctioning of Collection Rights), Rules, 2003--- ----R. 9---Constitution of Pakistan (1973), Art.199---Constitutional petition---Re-auction---Petitioner, in the present case, had not participated in the re-auction but had challenged the same in Constitutional petition on technical ground---Non mentioning the reserved price in the notice of re-auction was not a defect of such nature that on the basis of which the entire activity of re-auctioning be annulled---Such a lapse was mere accidental/procedural and could not be given any credence especially when the highest bid was 50% over and above the last year's income and above all the auction proceedings conducted were absolutely transparent and the petitioner could not point out any malice, unfairness or favouritism in those proceedings as these were scanned by the general house of Town Municipal Administration while according sanction in the meeting of the Town Council---All the necessary documents including agreement between parties were executed and the successful bidder had entered into the job since July, 2004 and at…

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