Through this writ petition, the petitioner has challenge the advertisement/publicatio n dated 15.09.2021 whereby the Evacuee Trust Property Board has sched uled to auction Property No. B-IV-S-3- 31, demand/sub-unit No. 1-114-1- 0029-0, measuring 24 Marla and 179 Sq. Ft. situated at Akbar Bazar Sheikhupura and also assailed the order dated 30.09.2020, passed by the Revisin g Authority/Secretary , Ministry of Religious Affairs and Interfaith Harmony , Islamabad who accepted the revision petition of the Respondents No. 7 & 8 and gave them first right of refusal.
2. Learned counsel for the petitioner submits that the petitioner intends to participate in the auction proceedings of the property in question; that the Revising Authority illegally gave first right of refusal to the Respondents No. 7 & 8, as such, to that extent, the impugned order may be set aside.
3. I have heard the arguments of learned counsels for the parties and have gone through the record with their able assistance.
4. Admittedly , the auction in respect of the property bearing No. B-IV-S-3-31, demand/sub-unit No. 1-114-1-0029-0, measuring 24 Marla and 179 Sq. Ft. situated at Akbar Bazar Sheikhupura was held by the Evacuee Trust Property Board on 31.05.2018 and the Respondents No. 7 & 8 were declared successful bidders. The said auction proceedings were subsequently declared null and void by the Chairman, Evacuee Trust Property Board vide order dated 27.08.2020 due to non-transparency and non-fulfillment of legal procedure and directed to refund the deposited amount to the auction purchaser and also ordered for re-auction of the said property after fulfillment of all the codal formalities. The said order was assailed by the Respondents No. 7 & 8 through Revision Petition before the Secretary , Ministry of Religious Affairs and Interfaith Harmony , Islamabad/Revising Authority , who after hearing the parties, through, impugned order dated 30.09.2020, directed the Deputy Admin istrator , Evacuee Trust Property Board, Sheikhupura to auction the suit property , however , given first right of refusal to the Respondents No. 7 & 8.
Record shows that the Respondents No. 7 & 8 were the successful bidders in the earlier round of auction proceedings and they had also deposited rent with the respondent-Board. Under Clause 7(iii) of the Scheme for the Management and Disposal of Urban Evacuee Trust Properties, 1977, the first right of refusal shall be given to the occupants. For ready reference, aforesaid Clause 7(iii) is reproduced as under: ,,7.(i) .......
(ii).....
(iii). A site under an Evacuee Trust Building which may be beyond repairs, shall be leased out for development in manner prescribed in the preceding sub-paras provided that the right of first refusal shall be given to the occupant(s) of the building in regard to its lease subject to the terms and conditions to be laid down by the Chairman."
5. The Respondent No. 1/revisional authority , keeping in view the aforesaid facts and circumstances of the case, rightly gave the first right of refusal to the Respondents No. 7 & 8, as such, no illegality has been committed.
6. Learned counsel for the petitioner has not been able to point out any illegality or material irregularity in the impugned orders and has also not identified any jurisdictional defect calling for interference by this Court.
7. Resultantly , this writ petition, being devoid of any force, is hereby dismissed in limine