Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)---Art. 199---Constitutional petition---Auction of public goods---Acceptance of respondent bid of Rs.15,150 by members of Auction Committee as against petitioner's offer of Rs.18,000---Validity---Such bid could not be accepted as transparent and honest process of auction resulting in loss of public revenue--Intervention of High Court would be required in such case to save loss to public exchequer---High Court accepted constitutional petition and allowed petitioner to take delivery of goods at such offered price. ORDER By this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has challenged the action of respondent No.1 regarding, forfeiture of his earnest money and holding of further auction proceedings of Lot No.E-2/June/2004. The prayers made in the petition reads as under:-- (1) It be declared that the petitioner is the rightful purchaser and owner of Lot No.E-2/June/2005, lying in the compound of the respondent No.2 as Dump. (2) Declare that the 2nd Auction and Re-Auction held behind the back of the petitioner and without advertising the same in any local newspaper, is illegal and void and also against the principles of natural justice, as well as being contrary to the commitment forwarded in letter dated 13-6-2006. (3) The respondents Nos.1 and 2, their representatives, attornies, any person/persons working under or through them be restrained from removing, disturbing and from delivering, in part or in whole, the Iron goods and packaging material of Lot No.E-2/June/2004, lying at the TPX Yard at West Wharf, Karachi, to any other person/persons other than the petitioner as the same has been awarded to the petitioner on 24-4-2006. (4) Any other, further or better relief that this Honourable Court may deem fit. (5) Cost of the petition may please be awarded. 2. In a nutshell, case of the petitioner is that in the auction proceedings in respect of Lot No.E-2/June/2004 conducted by the respondent No.1 on 24-4-2006, he had participated and given the highest bid of Rs.18,000 per metric ton for purchase of the said whole lot weighing 350 metric tons. Subsequently, some…

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