1994 PLP 502 (CLC)

Mrs. Nasira Iqbal for Petitioner. M. Aurangzeb with Ali Ahmad Awan for Respondents. Date of hearing: 2nd December, 1992. Briefly stated the facts of the case are that the cattle market situated at Muridke Mandi, District Sheikhupura was auctioned on 25‑4‑1992. The claim of the petitioner was that they had deposited a sum of Rs.2,25,000 as earnest money with respondent No.l for getting the cattle market on lease and as such they were necessary party in the bid under the law. According to the learned counsel, on 25‑4‑1992, the cattle market was auctioned in absence of the petitioners and was purchased by the respondent No.6 for a sum of Rs.20,50,

000. Learned counsel contends that the auction of the cattle market was held in a period less than seven days in violation of Rule 4(1) of the Punjab Local Councils Rules, 1990. On 2‑11‑1992, specific direction was issued to the Chairman, Zila Council, Sbeikhupura that either he himself or some other responsible Officer to be nominated by him would appear alongwith record of the case before this Court. Mr. Aurang Zeb, learned Legal Adviser of the Zila Council is present alongwith Manzoor Ahmad, Taxation Officer. The receipt of Rs.2,25,000 as earnest money was not disputed by the representative as well as the learned Legal Adviser. However, they state that the petitioners were present and also participated in other auctions at serial Nos.4 and 5.

2. Learned counsel for the contesting respondent vehemently contends that his client was not at fault and that he purchased the cattle market in open auction with the highest bid of Rs.20,50,

000. He further says that his client is working at the site for the last about six months.

3. After hearing the learned counsel for the parties, I am of the view that the petitioners were necessary party in the bid inasmuch as they had deposited a sum of Rs.2;25,000 as earnest money with a view to take part in the auction of the cattle market in question. Admitted position is that the petitioners were not present when the cattle market of Muridke was auctioned on 25‑4‑1992. This being so it was the duty of the respondents to have summoned them A before auction of cattle market of Maridke (Item No.3) because they had earned their right to participate in the bid by depositing the aforesaid amount with the Zila Council. This being so, the auction of Cattle Market, Muridke is set aside being without lawful authority. A direction shall also issue to the respondents to re‑auction the cattle market. Learned counsel for the parties state that under the Rules, a period of 30 days is necessary to make arrangements of the auction of the cattle market. The needful shall be done by, the respondent, Zila Council on or before 2‑1‑1993. With these remarks, this petition succeeds with no order as to costs. H.B.T./M‑738/L Petition accepted.