1984 PLP 1199 (CLC)

‑‑Art. 199‑Colonization of Government Lands (Punjab) Act (V of 1912), S. 10 and letter No. 6653‑69/3060 C S‑V, dated 10‑12‑1959 Auction of land‑State land put to auction and sale was subject to final acceptance and confirmation by Government‑Before cases of acceptance of bids sent to Government, certain irregularities came to notice and same were condoned by Government vide letter dated 10‑12‑1969‑Government declining to accept auction land, being Border Belt Area and transferred to General Headquarters, Rawal pindi‑Petitioner challenging such auction on ground that Government already by condoning irregularities has confirmed auction Ground, held, has no force as Government never accepted bid for auction and as such no interference required in constitutional petition. As the letter impugned is the same in all these petitions, I will dispose of Writ Petitions Nos. 50/1980 (BWP), 126/1980‑(BWP), 18/1980 (BWP), 125/1980 (BWP), 127/1980 (BWP), 15211980 (BWP) and 153 (BWP), by this order.

2. Some State land was put to auction on the terms and conditions, inter alia‑

. "The sale shall be subject to final acceptance and confirmation by Government and no bidder shall be placed in possession of the land before confirmation, even though his bid has been accepted as the highest by the Collector nor shall be deemed to be the purchaser or to have any claim with regard to his deposit if the sale is not con firmed by Government, other than for the return of the same actually deposited by him

" Before individual cases for acceptance of the bids could be sent to the Government, an irregularity was pointed out. It was noticed that instead of holding an open auction, restricted auctions were held, Matter was referred to the Government. Government vide letter No. 66531‑69/3060 -CS‑V, dated 10th December, 1969, condoned the irregularity and "approved the compromise formula fox charging minimum of Rs. 1,000 (One thousand only) per Acre for YAK FASLI land and Rs. 1,500 (On thousand and five hundred only) per Acre for DO FASLI land and wherever the bids are lower than these rates the individuals concerned should be asked to pay this amount and their possession should be regularised". "In accordance with the instructions contained in Colonies Department Memo. No. 7935‑69/4141‑CV‑1, dated the 6th November, 1969, the Board of Revenue, Punjab, regrets its inability to confirm auction of State land situated in Bahawalnagar District, in favour of the auction‑purchasers and accords sanction to its transfer to the General Headquarters, Rawalpindi being the Border Belt Area. (2) The exact details of the area in question showing the Khasra Nos. and Chaks, so transferred to the General Headquarters may please be furnished immediately to this office for in formation and record. (3) The price of State land deposited by the auction‑purchasers should please be refunded to them." '

2. It is thus obvious that the auction of the State land within the Border belt has not finally been approved by the Provincial Government or by the Board of Revenue. The petitioners, vide different letters of the Tehsildar, have been asked to get back the auction money.

3. These proceedings are assailed in these Constitutional Petitions.

4. It is argued that letter of the Provincial Government No. 6653 69/3060, CS‑V, dated 10th December, 1969, is tantamount to approval of the very auctions. Therefore, the Board of Revenue vide letter, dated 9‑5‑1979, reproduced above could not refuse to confirm the auction.

5. Contention raised has not impressed me. Letter No. 6653‑69/ 3060‑CS‑V, can by no stretch of imagination, be accepted as letter of acceptance of the bids; this has only approved a general formula for charging the sale price. Case regarding the acceptance of the offer has finally been disposed of by letter, dated 9‑5‑1979. As the auctions were subject to approval of the Government and the Government has declined to confirm the same, no case for an interference by this Court in its Constitutional jurisdiction is made out.

6. Dismissed. M. A. K Petition dismissed.