Law:

Section:

Forest Act (XVI of 1927)-------S. 5(32)---Sindh Agro Forestry Lease Policy, 2004, paragraphs 8(5) & 10---Lease rights---Auction, assailing of-Vested right---Deposit of lease money---Effect---Respondents assailed fresh auction for lease of land in question on the ground that in earlier auction they were the highest bidders and had deposited lease money for one year---Validity---No concluded contract could be construed in favour of respondents by deposit of lease money for one year---Such deposit of money not create any vested right in respondents, to be heard before ordering re-auction of disputed land as there was no approval of their bids and no agreement of lease as per paragraph 10 of Sindh Agro Forestry Lease Policy, 2004, was executed in their favour---Appellant came out to be a successful bidder; his bid was approved by competent authority; a lease dead creating rights inter se was executed in his favour; he being Mohegedar undeniably was entitled to be preferred for grant of lease as per paragraph 8(5) of Sindh Agro Forestry Lease Policy, 2004; lease was granted to appellant at the rate higher to that on which it was earlier auctioned in favour of respondents and period of lease which commenced from Kharif 2006-2007, ending Rabi 2010-2011, was enjoyed by appellant with only small portion thereof then remaining---Supreme Court set aside the passed by Division Bench of High Court---Appeal was allowed. 2009 SCMR 1055 distinguished. Muhammad Sadiq Leghari, Advocate Supreme Court and K. A. Wahab, Advocate-on-Record for Appellant. Syed Shahenshah Hussain, Advocate Supreme Court, Mazhar Ali B. Chohan, Advocate-on-Record for Respondents Nos.1 and 2. Abdul Fateh Malik, Additional Advocate-General Sindh for Respondent No.5. Respondents Nos. 3, 4 and 6: Ex parte. Date of hearing: 31st March, 2010. JUDGMENT GHULAM RABBANI, J.---This appeal with leave of the Court is directed against the short order dated 31-3-2009 followed by reasons dated 3-4-2009, whereby a Division Bench of High Court of Sindh allowed Constitution Petition No.D-415 of 2006 filed by respondents Nos. 1 and 2 herein. 2. Briefly stated, the relevant facts of the case are that in an auction…

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