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1985 SCMR 880

PROVINCE OF PUNJAB Through The Chief Conservator Of Forests,

Citation1985 SCMR 880
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 735 of 1980
Date1984-10-06
Judge(s)Shafi-ur-Rehman, Abdul Qadir Sheikh
ResultPetition dismissed

ORDER

1. ABDUL KADIR SHAIKH, J.--The respondents were the highest bidders at the public auction held by the Divisional Forest Officer, Gujrat, petitioner No.2, on 5-6-1978 for the sale of lots of timber. The bids were accepted by petitioner No.2 on 7-6-1978 and he directed the respondents to deposit the balance-price on or before 25-6-1978 and remove the timber by 5-8-1978. The Chief Conservator of Forests, Punjab, petitioner No.1, however, unilaterally cancelled the transaction of sale by an order dated 20-6-1978.

2. Lahore High Court on being moved by respondents in a Constitu--tional petition set aside the impugned order of the first petitioner on the ground that the sale-transaction in respondents favour had already been completed and the first petitioner had no right in law to cancel it. , Petitioners now seek leave to appeal from the judgment of the High Court, and the learned counsel appearing in support of the petition submits that since some of the respondents had failed to deposit the balance-price, the first petitioner, could competently set aside the sale-- transaction.

3. But surely this was not the reason shown in the impugned order, nor was such a plea advanced before the High Court. Even otherwise, this plea has no support in the record before us. The High Court has very rightly held that since the transaction of sale was otherwise complete, there was no scope in law for the first petitioner to unilaterally cancel the transaction.

4. For these reasons, the petition has no merit and is dismissed.

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