Procurement by public authority

In the meanwhile, a dispute arose between the Pakistan Railways and the Forest Department regarding ownership of the trees, but the Divisional Superintendent, Pakistan Railways issued letter to the petitioner directing him to deposit the remaining bid amount within seven days with further warning that otherwise the amount already deposited would be forfeited, which remaining bid money was not deposited and during pendency of present petition, the Pakistan Railways re-auctioned in favour of private respondent, whereupon the petitioner filed second writ petition for protection of his rights

Validity

Pakistan Railways had to first resolve issues of ownership of trees with the Forest Department, then had to remove apprehensions of the petitioner and, thereafter, notice should have been issued to the petitioner requiring him to deposit the bid amount

Conduct of the Pakistan Railways was not sustainable in the eyes of law

Constitutional petition was disposed of and the matter was referred to the Divisional Superintendent, Pakistan Railways with direction to look into it, redress the grievance of the petitioner by resolving the issue regarding ownership of trees with the Forest Department.

Any violation of law and unjust and partial practice of public functionaries which adversely affect the rights of the citizen for lawful participation of obtaining contracts through general tender would be unconstitutional and the jurisdiction under Art. 199 of the Constitution can be invoked in such cases.

Public authority should not be bound to give effect to every term mentioned in the tender document, as it had the power to waive technical irregularity of little or no significance

Public functionaries had the power/ authority to deviate from and not insist upon strict compliance of a condition (in the tender).

Public authority should not be bound to give effect to every term mentioned in the tender document, as it had the power to waive technical irregularity of little or no significance

Public functionaries had the power/ authority to deviate from and not insist upon strict compliance of a condition (in the tender).