Law:

Section:

(a) Waqf Property (Administration) Rules, 1960--- ----R. 7(a)(iii)---Constitution of Pakistan (1973), Art.199---Law Reforms Ordinance (XII of 1972), S.3---Constitutional petition---Lease property---Reauction of---Procedure---Scope---Appellant challenged the decision of Single Judge whereunder reauction of bid for leasehold rights was declined in the constitutional petition---Appellant became the highest bidder when after bid they moved an application with greater offer of bid---Auqaf department directed for reauction---Constitutional petition filed by respondent was accepted by Single Judge---Validity---Held, it was clearly spelt out in the proclamation inviting bids that competent authority retained the absolute right to accept or reject any bid, such power had been exercised and the bid was rejected---Auction was held at a distance of 40 miles from the spot which was against the rule provided in R.7(a)(iii) of the Waqf Property (Administration) Rules, 1960---Decision to re-auction the leasehold of the property appeared to be in accordance with law and in the best interest of the Waqf---Intra-court appeal was allowed. Mumtaz Ahmad Chadhar v. Rana Nasir Ali and 3 others 2005 SCMR 263 and Malik Habibullah v. Province of the Punjab through Secretary Mines and Mineral Department, Lahore and 7 others 2006 CLC 1723 ref. (b) Auction--- ----Bid---An offer---Scope---Bid submitted is no more than an offer and does not mature into a vested right in favour of the bidder till the same is accepted. ORDER SH. AZMAT SAEED, J.--- This appeal under section 3 of the Law Reforms Ordinance, 1972 rises from the judgment dated 27-5-2009 whereby a constitutional petition filed by respondent No.1 against the order of the respondent No.2 was accepted. 2. Brief facts necessary for the adjudication of the lis at hand are; that the land in dispute measuring 190 Kanals admittedly vests in the Auqaf Department in respect whereof leasehold rights had been granted to the present appellant. On the expiry of the lease a proclamation was issued in the local press inviting bids for a fresh lease of the said land through public auction. Respondent No.1 along with others apparently submitted their…

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