Case Details

Citation(s)
2009 SLG 1775 2009 SLD 1775 2009 SCMR 1055
Supreme Court of Pakistan
Civil Petitions Nos.2710, 2711-L and 2712-L of 2004, decision dated: 20-05-2009
MIAN HAMID FAROOQ AND SYED SAKHI HUSSAIN BOKHARI, JJ

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GOVERNMENT OF PUNJAB and others

VS

Haji ABDUL GHAFOOR and others

Law:

Section:

Auction---Vested right---Past and closed transaction---Respondents, in the present case, had purchased plots in a market in an open auction, deposited initial amounts and thereafter without payment of remaining amounts, statedly, constructed buildings of shops within stipulated time frame---Respondents filed applications before the Secretary to the Government, explaining causes for non-payment of balance amount and seeking extension in time to deposit the remaining amount, which applications were duly processed and ultimately the Director of the Department allowed in writing to the respondents to deposit the amount on certain terms and conditions and subject to payment of penalty amount---Secretary to the Government, subsequently, without hearing the respondents set aside the order of the Director and cancelled/restored said plots and notices were issued to the respondents informing them that their plots were cancelled and thus they should surrender the shops---Validity---Held, when the terms of letters from the Director were faithfully obeyed by the respondents, then a vested right had accrued in favour of respondents and the authorities, without opportunity of hearing to the respondents, could not be allowed to retract from the said letter, which was duly implemented and executed and the matter became past and closed transaction---Principles---High Court had rightly decided the matter in favour of the respondents and Supreme Court declined to take contrary view, in circumstances---Petition for leave to appeal was dismissed---Constitution of Pakistan (1973), Art.185(3). JUDGMENT MIAN HAMID FAROOQ, J.--- This single judgment shall decide the present petition (Civil Petition No.2710-L of 2004) and the connected petitions (Civil Petitions Nos.2711-L and 2712-L of 2004), as common questions are involved in all the petitions and those arose out of a consolidated order passed by the learned Lahore High Court, Multan Bench, Multan. 2. Government of Punjab and another, the petitioners, seek leave to appeal against single order, dated 29-6-2004, whereby the learned Division Bench of the Lahore High Court at Multan dismissed their appeals (I.C.As. Nos.10, 11 and 12 of…
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