1. ' This order shall dispose of Writ Petition No,22712 of 1997 titled Muhammad Bashir v. Province of Punjab etc.' and Writ Petition No,22713 of 1997 titled 'Malik Sardar v. Province of Punjab etc.' as both of them involve same question of law and facts.
2. ' In Writ Petition No,22712 of 1997 the petitioner has averred that he participated in an open auction on 5-8-1997 for lease of fishing rights for the Indus River passing through Tehsil Piplan District Mianwali and was the highest bidder for an amount of Rs,8,80,000 and for Chashma Jhelum Link Canal for a consideration of Rs,1,55,000.The lease according to the condition of auction was effective from 1-9-1997 to 31-8-1998. The petitioner subsequent to the auction deposited Rs,6,00,000 including the security. Thereafter respondent No,2 Assistant Director Fisheries, Mianwali, sent the papers to respondent No,4 Director-General for the approval. However, the auction was not approved and instead fresh auction was held on 19-8-1997. Then another auction took place on 27-9-1997 but the same did not bring any result. Thereafter the petitioner was asked by the Assistant Director Fisheries to participate in the auction scheduled for 4-10-1997 through his Letter No,1670-71 dated 27-9-1997. He was further informed that his bid had not been accepted. Faced with this situation the petitioner on 29-9-1997 asked the Assistant Director to return his money earlier deposited with the respondents. However, no action whatsoever was taken on his representation. Accordingly he was constrained to file the present writ petition seeking prayer for refund of the amount earlier deposited.
3. ' Facts in Writ Petition No,22713 of 1997 are that the petitioner participated in the lease of fishing rights for the Indus River passing through Esa Khail effective from 1-9-1997 to 31-8-1998. The auction was held on 5-8-1997 wherein the petitioner was the highest bidder for a consideration of Rs,14,01,000. Subsequent to the auction he deposited Rs,8,27,000. Thereafter, the Assistant Director Fisheries, Mianwali, respondent No,2 submitted the papers to respondent No,4 Director-General Fisheries for approval. In this case too, further auction was held on 19-8-1997 and 27-9-1997.
4. Subsequently respondent No,2 wrote Letter No,1670-71 dated 27-9-1997 to the petitioner intimating him that his earlier bid had not been accepted and he was asked to participate in the fresh auction scheduled for 4-10-1997. Thereupon he made representation for the refund of money earlier deposited by him. Since no action whatsoever was taken on the respondent's side as such he was constrained to file the present Constitutional petition.
5. ' I have noticed that both these writ petitions came up for hearing for the first time on 9-10-1997 whereupon parawise comments and reports were called for from respondent No,4 the Director- General to explain that why in spite of all this period when the auction took place on 5-8-1997, the needful has not been done. Further the petitioners' amount in spite of their incessant approach has not been returned. Surprisingly after filing of the writ petitions, Assistant Director issued Letters Nos.1798 and 1800 on 18-10-1997 respectively to the petitioners intimating them that their bid had been accepted and directed them to provide bank guarantee for the remaining instalments with a further direction for deposit of income-tax. These letters of the Assistant Director dated 18-10-1997 clearly demonstrate that the same have been issued subsequent to the filing of the writ petitions simply to camouflage their own inaction and guilt. The petitioners were categorically informed on 27-9-1997 that their bids have been rejected. The auctions of the lease rights as stated above were held quite a few times. Rule 18 of the West Pakistan Fisheries Rules, 1965 provides as under: "On or after the first of August each year, the Director of Fisheries or any other officer empowered section 4, may after giving it sufficient publicity, put to auction the right of fishing in any of the public waters in the Districts mentioned in Appendices VI and VII or any other public waters and shall execute a lease deed with the highest suitable bidder in respect of each public water on payment of the amount offered by him in full or by instalments in accordance with these rules."
6. It is also reflected from the file that in case of fishing rights for the Indus River passing through Tehsil Piplan the lease was granted for Rs,5,00,000 for the years 1994-95. For the years 1995-96 for Rs,2,50,000 and 1996-97 it was for Rs,8,00,000 respectively. The average of three years according to the file brought by the respondents was Rs,5,01,666. On 5-8-1997 the auction was held for lease- rights for Rs,8,08,000 which was certainly more than the previous three years average. It is regrettable that the respondent functionaries in spite of the fact that the auction was held on 5-8- 1997 but they sat over the file for more than 3 months. Subsequently through order dated 18-10- 1997 they have accepted the bids of the petitioners totally in a mala fide manner simply as already stated to side track their own guilt and inaction. The respondent functionaries being trustees of the State property are violating the terms of their duty. The inaction on their part has caused tremendous loss to the exchequer.
7. ' Kh. Muhammad Sharif learned Advocate-General present in Court is not in a position to defend these illegalities committed by the respondents. He has candidly stated that he would be the last person to defend such like inactions and lethargic attitude demonstrated by the respondents in performance of their official duties. In these circumstances both these writ petitions are accepted and the respondents are directed to immediately return the amount of the petitioners earlier deposited.
8. ' Before parting I direct the learned Advocate-General to transmit the copy of this order to the Chief Secretary Government of the Punjab as well as Secretary Fisheries, Civil Secretariat, Lahore who shall take appropriate action under the law against the defaulting officials/officers responsible for all this loss and for the inaction on their part which fact has caused loss to the national exchequer.
9. The report of the outcome of this exercise be sent to the Registrar of this Court within two months positively.