P L D 1998 Lahore 209 (PLP)

Petitioner through this Constitutional petition has made a grievance that in spite of the fact that he was the highest bidder for the grant of lease respecting collection of goods exit tax but the same has not been confirmed by respondent No.2, the Administrator who has submitted the papers to the Commissioner Lahore Division, Lahore for its approval. Facts briefly for the disposal of this Constitutional petition are that the respondents Nos. 1 and 2 put up the lease rights for the collection of exit control tax for the year 1997-98 to auction but could not fetch more than 50 lacs. Subsequently an attempt was made on 2-9-1997 and the petitioner was the highest bidder for an amount of Rs.10,600,

000. Learned counsel for the petitioner has made a grievance that the respondent Administrator instead of performing his duties under Local Council Lease Rules, 1990 submitted the papers to the Commissioner for approval. Argument has been advanced that it is only the Administrator who in the absence of Zila Council would be having sole authority to either confirm or reject the bid but the Commissioner does not figure in the whole law. Learned counsel for the respondents has controverted the stance taken by the petitioner. He has taken preliminary objection respecting the very maintainability of this writ petition not only on the ground that the parties are not properly arrayed as respondent No. l could not have been sued through Chief Officer but also on the ground that the petitioner has got no locus standi as the bid is not yet confirmed. It is further argued that under section 26-A of the Local Government Ordinance, 1979, all the funds of the Local Council are vested in the Government. He has also made a reference to sections 156, 157, 158 of the Ordinance to demonstrate the powers enjoyed by the Government and the Commissioner in such-like matters. He has further pointed out that since there was glaring difference between the last year auction and the present one, as such the Administrator thought it proper to send the papers to the Commissioner so as to have full transparency of the situation. It has been brought to my notice that after the submission of the papers, the Commissioner received offers from one Muhammad Amin and Safiullah Khan respectively for Rs.1,25,00,000 and Rs.1,30,00,

000. Both of them according to the learned counsel have deposited call amount of Rs.15,00,000 each. In these circumstances, when the offer received by respondent is Rs.1,30,00,000 as such without dilating upon the contentions raised by the learned counsel for the parties, I dispose of this writ petition with a direction that the respondents without waste of any time shall call for a fresh auction and the baseline should be Rs.1,30,00,

000. In case Safiullah Khan Tausif does not participate in the auction, his amount of Rs.15 lacs deposited by him earlier shall stand forfeited. Disposed of in the above terms. A.A./J-29/L? Order accordingly.