| Citation(s) |
|---|
| 2007 SLG 478 2007 SLD 478 2007 SCMR 178 |
Supreme Court of Pakistan
Civil Petitions Nos. 2404, 2405 and 2406 of 2004, decision dated: 2-12-2004. (On appeal from order, dated 30-7-2004 of the Lahore High Court, Multan Bench, passed in C.M. No.1306 in W.P. No.3824/2004, C.M. No.1308/2004 in W.P. No. 4017/2004 and C.M. No.13
HAMID ALI MIRZA AND FAQIR MUHAMMAD KHOKHAR, JJ
Abdur Rasheed Sheikh, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioner (in C.P. No. 2404 of 2004). Nasir Saeed Shaikh, Advocate Supreme Court for Petitioner (in C.Ps. Nos.2405 and 2406 of 2004). M. Rafiq Rajwana, Advocate Supr
Civil Petitions Nos. 2404, 2405 and 2406 of 2004, decision dated: 2-12-2004. (On appeal from order, dated 30-7-2004 of the Lahore High Court, Multan Bench, passed in C.M. No.1306 in W.P. No.3824/2004, C.M. No.1308/2004 in W.P. No. 4017/2004 and C.M. No.13
HAMID ALI MIRZA AND FAQIR MUHAMMAD KHOKHAR, JJ
Abdur Rasheed Sheikh, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioner (in C.P. No. 2404 of 2004). Nasir Saeed Shaikh, Advocate Supreme Court for Petitioner (in C.Ps. Nos.2405 and 2406 of 2004). M. Rafiq Rajwana, Advocate Supr
Malik ATTA MUHAMMAD and another
VS
GOVERNMENT OF PUNJAB through Secretary, Local Government and Rural Development, Lahore and others
Law: Punjab Local Government Ordinance (XIII of 2001)
Section: 54(1)(1),SecondSched.PartII,Cl.(5)
Punjab Local Government Ordinance (XIII of 2001)--- ----S. 54(1)(1) & Second Sched. Part II, Cl. (5)---Cattle market---Auction of lease rights for collection fee---Holding of such auction by Municipal Administration in a surreptitious and restricted manner---Nothing to show transparency or fairness in auction proceedings so as to ensure participation of all intending bidders---Offer of higher bid by intending bidder---Validity---Duty of Municipal Administration was to conduct such auction in a just, fair and transparent manner so as to ensure that such lease would fetch maximum public revenue---Supreme Court, in order to safeguard public interest and exchequer, ordered re-auction of lease rights in an open, just and fair manner. Muhammad Afzal v. Shahzad Asghar Dar and others 2003 SCMR 280 and Iqtidar Ali Khan v. Department of Mines and Minerals through Assistant Director, Attock and others decided on 14-7-2004 in Civil Petition No. 116 of 2003 rel. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---These petitions are directed against order, dated 30-7-2004, passed in C.M. No. 1306 in W.P. No.3824 of 2004, C.M. No. 1308 of 2004 in W.P. No.4017/2004 and C.M. No.1300 in W.P. No.4025/2004. 2. The Tehsil Municipal Administration, Jampur, Rajanpur, District Rajanpur and Karor Lal Essan, District Layyah, after invitation of bids through publication in the press, leased out the rights of collection of fee for the cattle-markets (Mandi Mouvishian) for the year 2004-2005 to the Bismillah Corporation, Irfan and Co. Muhammad Ayub and Muhammad Ramzan and Co., the private respondents on 28-6-2004, 26-t, 004 and 12-5-2004 in consideration of Rs.15 millions, Rs.68,00,000 and Rs.100,16,000 respectively. The petitioners claiming to be the intending bidders lodged complaints with the higher authorities of the commission of serious irregularities, favouritism and nepotism by the Tehsil Municipal Administration in respect of award of the contract of lease of all these places. Thereafter, they filed aforesaid writ petitions calling in question the validity of auction proceedings on various grounds. The petitioners also made offer of Rs.20 million for Jampur, Rs.900,000 for Rajanpur and…
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