| Case ID |
38d7af79-7762-46f1-a29b-5ea44a8f458e |
| Body |
View case body. Login to View |
| Case Number |
I.C. A. No.131 of 2004 |
| Decision Date |
Nov 01, 2007 |
| Hearing Date |
Nov 01, 2007 |
| Decision |
The Lahore High Court, through this order, disposed of the intra-court appeal filed by the Punjab Privatization Board and others against the judgment of the learned Single Judge in Chambers. The case involved the legality of the re-auction of property by the Punjab Privatization Board after the initial bid was made by the respondent, Muhammad Younas Malik. The court held that the earlier decision to accept the bid was rescinded in the interest of the government, and the action taken was not mala fide or unreasonable. The decision confirmed the discretion of the government in public contracts and reinforced that judicial review is limited to reasonableness and fairness. The appeal was accepted, and the order of the Single Judge was set aside. |
| Summary |
The case of I.C. A. No.131 of 2004 revolves around the Punjab Privatization Board's decision to re-auction a property after the initial highest bid was made by Muhammad Younas Malik. The Lahore High Court addressed the issues of contract law, judicial review, and the powers of the government in public contracts. The court examined whether the acceptance of the bid was valid without proper communication and found that the board's decision to re-auction was justified to protect public interest. The ruling emphasized the principles of transparency and fairness in government dealings, aligning with constitutional provisions regarding public contracts. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of Punjab,
,
Punjab Privatization Board,
Muhammad Younas Malik,
E.O.B.I.
|
| Judges |
M. Bilal Khan,
Tariq Shamim
|
| Lawyers |
Khawaja Haris Ahmad,
Mian Nisar Ahmad,
Ch. M. Ashraf Wahlah
|
| Petitioners |
,
Punjab Privatization Board, Government of Punjab through Secretary
|
| Respondents |
,
Muhammad Younas Malik
|
| Citations |
2008 SLD 2165,
2008 CLD 356
|
| Other Citations |
Dr. Azeem Shad v. Municipal Committee, Multan PLD 1968 Lah. 1419,
Powell v. Lee (1908) 99 L T 284,
Prof. Muhammad Usman and others v. Punjab University Academic Staff Association and another 1991 SCMR 320,
The Central Bank, Heotmal Ltd. v. Vyankatesh Bapuji AIR (36) 1949 Nagpur 286,
Haridwar Sindh v. Begum Sumbrui and others AIR 1972 SC 1242,
Javaid Iqbal Abbasi & Company v. Province of Punjab and 6 others 1996 SCMR 1433,
Messrs Monarch Infrastructure (P) Ltd. v. Commissioner, Ulhasanagar Municipal Corporation and others AIR 2000 SC 2272,
Mst. Surraya Begum and others v. Mst. Suban Begum and others 1992 SCMR 652,
Pakistan v. Messrs H. Pir Muhammad Shamsuddin PLD 1962 M.P.) Kar. 810,
Chairman and others v. Mst. Qaisra Elahi and others 2005 SCMR 678,
Messrs Ittehad Cargo Service and 2 others v. Messrs Syed Tasneem Hussain Naqvi and others PLD 2001 SC 116,
Ch. Muhammad Yunus v. The Islamic Republic of Pakistan through the Secretary, Ministry of Communication, Government of Pakistan, Islamabad and 3 others PLD 1972 Lah. 847,
Pakistan v. Golam Moinuddin Ahmed PLD 1966 Dacca 570,
Federal Government of Pakistan through Secretary, Ministry of Interior, Islamabad v. Government of Punjab through Chief Secretary, Lahore and another PLD 1991 SC 505,
City Schools (Pvt.) Ltd., Lahore Cantt. v. Privatization Commission, Government of Pakistan and others 2002 SCMR 1150
|
| Laws Involved |
Contract Act (IX of 1872),
Law Reforms Ordinance (XII of 1972),
Constitution of Pakistan (1973)
|
| Sections |
3,
199
|