' Through this Constitutional Petition Muhammad Naseer petitioner seeks declaration to the effect that order dated 5-11-1990 passed by Deputy Commissioner Bahawalpur, respondent No,2 for the auction of the shop No,1 situate in the premises of his office, for the year 1990-91, is without lawful authority and of no legal effect.
2. The facts leading to this petition briefly, are that on 25-6-1989, the disputed shop was leased out to petitioner for a period of one year from 1-7-1989 to 30-6-90 subject to the payment of total rent of Rs,10,200. Since then he has been working there as photostat machinst. On 27-6-1990, the Deputy Commissioner, Bahawalpur, respondent No,2 advertised in the daily `Nawa-iWaqt Multan, for auction of the dispute shop under the possession of the petitioner to be held on 30-6-1990. On this, the petitioner filed writ petition and obtained a stay order. The writ petition was dismissed on 14-10- 1990 on the ground that the petitioner had not moved the D.C. For getting the shop on rent basis before filing of the writ petition. On this the petitioner moved an application before the D.C. For the allotment of shop to him on fixed rent basis, which was dismissed on 5-11-1990, hence this petition.
2. Learned counsel for the petitioner mainly contended that since vide notification No,2044- 82/2658-E (M) II dated 23-11-1982, the Board of Revenue Punjab had decided that in future premises in the Katchery compound may continue to be leased out by the Deputy Commissioner concerned subject to the rent fixed by the District Rent Committee constituted vide condition No,2 of the lease deed circulated with the office memorandum dated 15-12-1981, therefore, the Deputy Commissioner could not have put the shop on auction for the year 1990-91.
3. I have considered the submissions made by the learned counsel with care. I do not agree with him for the reason that the petitioner has no vested right to the allotment of the disputed shop. The period for which the shop was leased out to him has already expired. He is illegal occupant since 30-6-1990. He has not paid any rent for this period. The notification relied upon by him is discretionary in nature. The learned Deputy Commissioner has not flouted any provisions of law.
' Pursuant to the above discussion, there being no merit, the petition is dismissed in limine.