Law: Constitution of Pakistan, 1973

Section: 199

(Constitution of Pakistan (1973)].......Art 199----Constitutional petition---Auction---Grant of contract for collection of excise duty on minerals to highest bidder---Offer made after conclusion of auction---Procedure prescribed for awarding of contract was followed---Petitioner sought cancellation of grant of contract for collection of excise duty on minerals for a period of one year made in favour of respondent for total sum of Rs.35,00,000 as according to him the said contract had been made in surreptitious and clandestine mam1er---Petitioner made an offer to the tune of Rs.70,00,000---Respondent contended that contract had been awarded to him in a transparent manner through open auction and allegation of underhand deal was incorrect; that petitioner had filed constitutional petition with mala fide intention and ulterior motive and that though contract was awarded to petitioner for Rs.35,00,000 but he was ready to enhance the amount of contract to Rs.60,00,000---Validity---Admittedly, petitioner had never participated in proceedings conducted by Department for auction of contract and only had come to the court with claim to obtain contract for Rs.70,00,000 after completion of proceedings in favour of respondent---Earlier bidders who stood highest with Rs.50 lac, 51 lac and 55.25 lac respectively in previous year, had not deposited 10% security with fall of hammer as per requirement of Rules and defaulted themselves and earnest money of each bidder was forfeited by Government---Contract had been granted to respondent being the highest bidder through open auction conducted for consideration of Rs.35 lac after completion of all codal formalities regarding deposit of 10% of bid money with fall of hammer and deposit of 50% after approval/confirmation by Government and execution of agreement---Petitioner had failed to give any reasonable explanation that how he was aggrieved by action of the officials for awarding contract to respondent or the proceedings were tainted with mala fides except that it was auctioned at low rate and that petitioner was ready to offer Rs.70 lac for the same contract---Respondent had enhanced bid amount to reasonable extent as Rs.60 lac…

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