The petitioners claim that they purchased four plots bearing Nos.1, 2, 3 and 4 from the respondent Municipality through open auction held on 6-6-1993. Pursuant to the auction, sale-deeds were also executed and registered in favour of the petitioners on 28-6-1993.
2. Subsequently, on 12-5-1996 the Deputy Commissioner, Rahimyar Khan, respondent No,2 has ordered the resumption of the aforesaid plots of land. According to the Deputy Commissioner the land in question was reserved for a children's park and could not have been auctioned. A number of other illegalities/irregularities in the auction have been pointed out in the comments which have been filed in the connected Writ Petition No,1824 of 2001.
3. The learned Law Officer has also pointed out that the amount required to be deposited by way of security as a precondition for participating in the bid had not been deposited and moreover, the petitioners did not deposit the bid amount within the prescribed period. These contentions are disputed by the learned counsel for the petitioners.
4. While exercising Constitutional jurisdiction it is not for me to embark upon a trial of facts. The factual controversy between the parties can only be redressed by a competent Civil Court after trial.
5. In the above circumstances, the petitioners shall be entitled to assert their rights in the disputed plots by means of a civil suit. Likewise, the respondents will have the right to initiate a civil action for cancellation of the sale-deeds and for voiding the alleged contracts of sale between the petitioners and the respondent Municipality.
6. In view of the above discussion, this petition, however, cannot be allowed. It is, therefore, dismissed.