The petitioner, through this petition has prayed as under:- "It is therefore, most respectfully prayed that this petition may be allowed. Action of the allocating the 31 Chowks/places to different persons in surruptious and restricted manner to its blue eyed persons, despite put the same to open auction at two different times, and 18 others which have not even been put to open auction and without letting the others know, or allowing them to compete, may be declared ultra-varies of Constitution and Rules, 2003, arbitrary, malafide, illegal and unconstitutional. As a consequence same may be struck down.
Since respondents are in process of implementation, which is prejudicial and detrimental to petitioner and others interest and it will be relieving them from oppression, if operation of same be suspended.
This Hon'ble Court may be further pleased to direct the respondent No.1/CGD to award of contracts with regards to all 49 chowks/places in the city through publicizing same and through open auction, allowing others to compete so as to bring transparency, openness and justness and also safeguard the public interest and public exchequer."
2. Learned counsel for the petitioner contends, that the respondents given two advertisements to invite the bids, to rent out 31 places in the City through auction for Hoarding Boards etc. As per the instructions of the Government of Punjab, through Auction Committee. The petitioner duly participated in those bids but those were cancelled without giving any cause and reason and thereafter, in a clandestine manner and without giving new advertisement awarded to its favorite persons, which is arbitrary and in violation of the dictum laid down by the Hon'ble Supreme Court of Pakistan. Reliance is placed on the esteemed judgment titled "Habib Ullah Energy Limited and another v. WAPDA through Chairman and others (PLD 2014 SC 47).
3. In response of the notice issued by this Court the respondents No.1 to 5 submitted parawise comments wherein the respondents have not denied the issuance of two advertisements and their cancellation.
4. As regard awarding the contract without inviting the bids through auction, the respondents No.1 to 5, while replying ground-D, has stated, that the petitioner was duly invited for taking part in the process along with others, he was present there and also signed on the different concerned papers along with 10 others participants.
5. From the contents of the parawise comments submitted by the respondent No.1 to 5, it is not denied that before awarding the contract to rent out 31 places, two advertisements to invite the bids from public /enlisted contractors were given, wherein the petitioner duly participated but those were cancelled on the ground, as stated in the parawise comments, that the answering respondents have right to cancel the date or the auction.
6. Further it is not stated or mentioned in the parawise comments, as to whether any advertisement was published in newspaper to invite the bids before awarding the contract to contractors of their own choice.
It appears from the parawise comments, that the respondents No.1 to 5, who are helm of the affair, given the contract to specified contractors of their own choice person without inviting bids through advertisement in press and therefore, have failed to provide any opportunity to the interested person to compete for the contract and by this way, a presumption can be drawn that the respondents instead of fetching more money to award the contract, given the same to their favorite person which is not only discrimination but also loss to the public exchequer. The compelling circumstances and reasons pleaded by the respondent department are not permissible in law.
7. In the parawise comments it is mentioned, that the respondents at the time of awarding the contract without advertisement, also invited the petitioner who participated in the process. It is observed with great concern here, that even the invitation offered by the respondents to the petitioner to participate in the process of giving the contract without advertisement is illegal and unlawful and if the petitioner participated in the process, the petitioner also committed an illegality.
8. The Hon'ble supreme Court of Pakistan has already observed in many esteemed judgments, that the bids by the government department can only be invited through the advertisement/publication to ensure a free, fair, open and competitive and transparent process for transfer of public assets or rights therein, the relevant para of the judgment titled "Habib Ullah Energy Limited and another v. WAPDA through Chairman and others (PLD 2014 SC 47) (relevant at page 66) is reproduced:- "Examining the transaction, the subject matter of the instant case in the light of the principles of Judicial Review enumerated hereinabove, it appears that the original process initiated through the advertisement dated 26.07.2003 was for the appointment of a ROMM Operator and was commenced through the Government of Sindh in consultation with WAPDA. The said process was formally terminated on 17.03.2004. The disputed contract of lease was a result of independent process undertaken by WAPDA unrelated to the procedure initiated pursuant to the advertisement dated 26.07.2003. No fresh public advertisement was issued. Such an advertisement is universally accepted as a condition precedent for ensuring a free, fair, open, competitive and transparent process for transfer of public assets or rights therein. In fact no compelling reasons have ben pleaded at the bar by WAPDA for not issuing such an advertisement. The absence of such an advertisement, alone in fact and under the circumstances of the case, is fatal to the transaction in question."
9. In view of above, this petition is allowed in the light of the verdict given by the Hon'ble Supreme Court of Pakistan in the Judgment Supra; the contracts awarded by the respondents No.1 to 5 without inviting the advertisement through publication, are declared illegal, unlawful, without lawful authority. The respondents are strictly directed to invite fresh bids through advertisement in widely circulated newspaper. This process shall be completed within 45 days after receiving the certified copy this order. No order as to cost.