1. , MURHSIR ALAM, --- Petitioner has impugned action of the Respondent No. 1 society for carrying out the auction of 43 plots of the society excluding the petitioners. According to the learned counsel, the petitioners are entitled to participate in open auction. Comments have been filed by the Respondents. Respondent No. 1 Society did not denied offering the plot in auction through advertisement. It is also stated in the comments that at the instance of the Controlling Authority viz; D.O. Community Development the auction was called of. In the comments, it is also denied that the Respondent No. 1 ever refused to accept the pay-orders of the petitioner or denied them any participation in the open auction. It is stated that since auction was cancelled, therefore, no relief could be claimed by the petitioner.
2. Comments have also been filed by the Respondent No. 2, 3, 5 & 6 wherein it is admitted that at the behest of the petitioner the Respondent No. 5 advised the management of Respondent No. 1 to postpone the schedule of the auction, which has since been acted upon. Mr. Rafiq learned A.A.G.
3. Representing Respondent No. 2, 3, 5 & 6 the Regulatory Authority contends, that the petitioners one entitled to participate in the auction as and when held in respect of the subject plot.
4. Mr. Manzoor learned counsel for the CDGK contends that CDGK has no role to play, the action is being held by a society in respect of its on property and since the Controlling Authority are supervising the affairs of the Society they have no role to play.
5. Mr. Faisal Siddiqui, learned counsel for the petitioner points out that in the letter of postponement appended with the comments filed by the Respondent No. 1 Annexure-2 dated 30.4.2007. It is captioned to have been initiated from the office of the D.O. Cooperative, CDGK Mr. Manzoor contends that the department has not yet been devolved on CDGK as mentioned in Sindh District Government Conduct of Business (Rule, 2001) Schedule-1 thereof and same is still with the Government of Sindh and therefore, the comments have also been filed through the Advocate- General, Sindh.
6. Apparently contention of Mr. Manzoor appears to be correct as Ur. Rafiq learned A.A.G. Appears on behalf of the Respondent No. 5. Under the given facts and circumstances since the relief claimed by the petitioner is conceded by the Respondent Nos. 2 to 6 and in fact not opposed by the "Respondent. No. 1 as well. We would dispose of the petitioner in the following terms.
(i) Respondents Nos.4, 5, & 6 the Regulatory Authority shall ensure that the plots auction by the Respondent ,No. 1 are held in fair open auction and in transparent manner..
(ii) The auction shall be widely publicized is newspaper , banner giving reasonable time frame to large number of participant. Intimation notice be also circulated amongst the property dealer in the locality.
7. The petitioners shall also be entitled to participate and bid in the open auction to the held under the supervision of the Respondent No. 5 strictly in accordance with law with terms and conditions as may be specified in the advertisement.
8. Petition in terms of the above alongwith all pending applications stand disposed.