1. ' According to the petitioner, he had no knowledge that the goods had arrived at the Port Qasim and hence he could not clear the same due to which reason the said goods were consequently auctioned by the Customs Authority. This petition has been challenged by Mr. Raja Muhammad Iqbal. He has relied upon the comments filed by the Department according to which necessary notice under section 82 of the Customs Act was sent to the petitioner and thereafter the matter was proceeded. Now according to the learned counsel the goods have been auctioned and the auction-purchaser has paid the entire price as per the documents filed with the comments.
2. However, the Customs Authorities have not allowed delivery of the goods since the matter is pending before this Court.
3. ' The auction-purchaser is also present in Court. He says that he has made payment on 3-4-2006 and till to date he has not been given delivery. He also prays that the petition be dismissed in limine and he may be allowed to uplift the goods.
4. ' We have heard the learned counsel for the parties as well as the auction-purchaser and also the petitioner in person.
5. Upon perusal of the petition as well as the comments filed in response thereto, it appears that the petitioner was sent the necessary notice under section 82 of the Customs Act and thereafter the goods were auctioned in accordance with the law. As the petitioner has disputed the receipt of such notice, in our view, this being a question of fact cannot be agitated by him in writ jurisdiction.
6. Consequently, we would dismiss this petition in limine. The petitioner would be free to resort to any other forum for the redress of his grievance. The Customs Authorities shall proceed to deliver the goods to the auction-purchaser immediately and refund the excess amount received by them to the petitioner viz. After deducting customs duties etc. From amounts received from the, auction- purchaser.