Law:

Section:

Constitution of Pakistan (1973)--- ---Art. 185(3)---Auction---Cancellation of bid---Highest bid of -Petitioner was rejected by the authorities without assigning any reason---Decision. of authorities was maintained by High Court in exercise of constitutional jurisdiction---Validity---It had been specifically mentioned in auction/ publicity notice of the bid that competent authority had the right to reject bid without assigning airy reason---Authorities could not be forced to accept the bid of -Petitioner which was lower than the reserved price---No provision existed in auction/publicity bid notice that while cancelling the bid, -Petitioner would be given opportunity of hearing by the competent authority---Judgment passed by High Court was based on valid and sound reasons and did not warrant any interference by Supreme Court---Leave to appeal was refused. JUDGMENT ABDUL HAMEED DOGAR, J. --- -Petitioner seeks leave to appeal against the judgment dated 1-7-2004 of a learned Division Bench of the Peshawar High Court, Peshawar, whereby Writ Petition No.393 of 2004 filed by him was dismissed in limine. 2. Briefly, stated the facts giving rise to the filing of instant petition arc that the -Petitioner is a contractor and deals in building material including iron and steel. On 15-2-2002 C W Department, Government of N.-W.F.P., advertised through various newspapers that some quantity of iron steel would be auctioned on 15-3-2002. The -Petitioner participated in the auction and offered the highest bid of Rs.14,000 per ton. He deposited Rs.10,00,000 as 25 % down payment. But on 20-12-2003 the department informed -Petitioner that his bid has been rejected. Feeling aggrieved, -Petitioner filed writ petition before the learned High Court. The -Respondents filed their comments stating therein that reserved rate was Rs.18,000 per tone set as by the department whereas the -Petitioner's bid was lower than the reserved price, therefore, the Department would not accept the same under the rule and that acceptance of bid of the -Petitioner ,would have been objected by 'the auditors. The learned High Court dismissed the writ petition vide impugned judgment as stated above. 3. We have…

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