Law:

Section:

Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Re-auctioning for collection of fee on transfer of immovable property---Petitioner had challenged the re-auctioning of the fee for the transfer of immovable property on the ground that in the earlier auction for the said purpose, he was declared successful bidder---Bid of the petitioner was with the administration of the Tehsil Council and it was yet to be submitted for final approval---Just after another party made an offer, the petitioner opted to withdraw his security and he made an application to the authorities that the security be refunded to him---Security of petitioner was refunded and payment was made to him and thereafter the collection right of the fee was advertised to be re-auctioned, which auction had been challenged by the petitioner in the constitutional petition---Counsel for the petitioner had not been able to show as to how the petitioner stood aggrieved from the subsequent re-auction, when he had voluntarily withdrawn the security---Petitioner, in circumstances stood debarred from challenging the subsequent auction; as his earlier withdrawal of the security would operate as an estoppel against the petitioner---Petitioner could have easily taken part in the subsequent auction proceedings. ORDER SYED SHAHEEN MASUD RIZVI, J.--- The petitioner has challenged the re-auctioning of the fee for the transfer of immovable property, which was to take place on 29-6-2009 on the ground that in the earlier auction for the said purpose the petitioner was declared successful bidder and that his bid for the collection for the fee on the transfer of property within the limits of Tehsil Municipal Administration, Rahimyar Khan was approved in his favour and that his bid was pending with the Tehsil Municipal Administration, Rahimyar Khan when just after two days i.e. 18-6-2009 respondent No.4, Abdul Ghaffar made an application to respondent No.2 that he will be paying Rs.3,85,00,000 as a bid for the collection of the said fee and along with that offer he submitted the…

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