| Case ID |
43512807-32d4-4daa-84fc-aa20e79f417a |
| Body |
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| Case Number |
W.P. No. 5461 of 2009 |
| Decision Date |
Jul 17, 2009 |
| Hearing Date |
Jul 17, 2009 |
| Decision |
The Lahore High Court dismissed the writ petition filed by the petitioner challenging the resolution passed by the Tehsil Council, Mailsi, which rejected the highest bid offered by the petitioner during an auction for levying tax on the transfer of immovable property. The court found that the subsequent bidder's offer was substantially higher and had been considered by the local council, thus the council's acceptance of the subsequent bid was not arbitrary. The court emphasized that the resolution was legal and within the jurisdiction of the council, as the bid process was conducted according to the established rules and did not violate any legal provisions. |
| Summary |
In this case, the Lahore High Court addressed a constitutional petition concerning the validity of a resolution passed by the Tehsil Council, Mailsi, which rejected the highest bid in an auction for tax collection on property transfers. The petitioner argued that the council acted unlawfully by rejecting their bid in favor of a subsequent offer that was significantly higher. The court examined the relevant laws, particularly the Constitution of Pakistan and the Auctioning of Collection Rights Rules. It determined that the council's decision was not arbitrary as it followed the prescribed procedures and considered the higher bid. The judgment underscores the importance of adherence to legal frameworks in auction processes and affirms the council's authority to accept or reject bids based on established criteria. This case highlights legal principles surrounding public auctions and the rights of bidders under local government regulations. |
| Court |
Lahore High Court
|
| Entities Involved |
Tehsil Council, Mailsi,
TMA
|
| Judges |
SYED SHABBAR RAZA RIZVI,
MUHAMMAD IFTIKHAR
|
| Lawyers |
Mirza Aziz Akbar Baig,
Rana Asif Saeed,
Mian Muhammad Khalid
|
| Petitioners |
Petitioner
|
| Respondents |
Others,
TMA
|
| Citations |
2010 SLD 1178,
2010 PLJ 601
|
| Other Citations |
Writ Petition No. 9460/04,
C.P.No. 2170-L/2004,
2009 SLC 180
|
| Laws Involved |
Constitution of Pakistan, 1973,
Auctioning of Collection Rights Rules, 2003
|
| Sections |
199,
11,
13
|