' This case arises out of the remand order dated 16-10-1990 in Writ Petition No,108/R of 1984. Briefly stated the facts of the case are that evacuee plot bearing Khasra No,171 Min (3 Kanals 8 Marlas) was auctioned on 10-6-1980, alongwith the other plots by the Administrator (Residual Properties), 'Board of Revenue, Punjab, Lahore. Its reserve price was fixed at Rs,20,400 against which the petitioner was the highest bidder for Rs,23,000. He had duly deposited Rs,1,000 with the Auction Committee and Rs,3,710 as 1/4th payment of the price of the plot. However, the bid was not approved being on the low side. Aggrieved with the order rejecting the bid, the petitioner took recourse to the Lahore High Court where he contended that the bid of one Anjum Ayub of Rs,22,500 for a plot measuring 3 Kanals 10 Marlas in the same Khasra number, had been confirmed. This position was admitted by the Department in its comments leading to the observations by the Lahore High Court that "no such offer was ever extended to the petitioner. Since the point that other persons placed in similar circumstances have not been denied seriously and the case of the petitioner was not processed in accordance with the amended Scheme for Management and Disposal of the Available Urban Properties. I accept this writ petition and set aside the impugned order, dated 4th January, 1981, with the direction that the case be remanded to respondent No,1, who shall decide the matter giving full opportunity to the petitioner strictly in accordance with law"
2. I have heard the learned counsel for the parties and perused the case record. It has candidly been admitted by the Department in their written comments before the Lahore High Court, as under:- {{TABLE}} [Vol. XIV "2. The cases of auction of relevant date were submitted to Committee for examination and ordeRs, The Committee examined the cases of low bids. It was decided with the approval of competent Authority/Member, Board of Revenue that auction will be confirmed only in cases where highest bid offered by the auction-purchaser was above Rs,9,500 per Kanal which was determined keeping the average auction price in view.
3. That writ petitioner had offered Rs,23,000 for 3 Kanals and 8 Marlas of Khasra No,171-Min, Ajudiapur which was lower than the rates fixed by the competent authority.Mr. Shabbih Abbas was called for 8-12-1980 to show his willingness or otherwise but he did not appear before the Committee. Since the highest bid of Rs,23,000 of the petitioners was found to be less than the average auction price, hence the Committee did not confirm the auction and cancelled the auction on 17-1-1981."
The Department has not been able to show that this decision, i,e., offering the plot at Rs,9,500 per Kanal, i,e. The revised reserve price fixed by the Member, Board of Revenue, was ever extended to the petitioner or he had been served with a proper notice. I have seen some cases, apart from the case of Anjum Ayub who was given the plot at that such revised higher price, where this benefit was extended to auction purchaseRs, The plot is similarly situated as the plot of Anjum Ayub in the same Khasra number and the argument of the Department that it was better located does not hold the ground. There is hardly any reason to give discriminately treatment to the petitioner.
3. The statement of the petitioner has been recorded and he is prepared to pay the revised reserve price of Rs,9,500 per Kanal. I therefore accept the petition and direct that the Plot No,171-Min, measuring 3 Kanals 8 Marlas, mentioned at serial No,84 of the list issued on 10-6-1980 by the Administrator (Residual Properties), Board of Revenue, Punjab, Lahore, shall be sold to the petitioner at the rate Rs,9,500 per Kanal with immediate effect.
4. The order in this case was reserved and shall be communicated to the parties.