1. TANVIR AHMAD KHAN, J.- Petitioner through this Constitutional petition has taken exception to the order dated 9.9.1997 of respondent No. 1 Secretary Local Government and Rural Development whereby the petitioner's contract was cancelled with a direction to re-auction the collection rights.
2. It is the case of the petitioner that he secured lease for the collection of octroi duty of Municipal Committee, Nankana Sahib for a consideration of Rs. 27,05,000/- in an open auction. His bid according to the leamed counsel was confirmed by the competent authority on 31.7.1997 and the agreement was executed between the parties on 15.8.1997. Thereafter the petitioner embarked upon the collection of tax.
3. Argument has been advanced that the impugned order has been passed in an arbitrary manner without providing any opportunity of hearing to the petitioner and without any sanction of law.
4. Para wise comments have been filed wherein the stand taken by the petitioner has totally been denied. It is stated by the leamed Law Officer as well as Ch. Muhammad Ashraf Azeem learned counsel appearing for the respondent No. 5 that the petitioner has approached this Court by suppressing the material facts. He has brought to my notice that the petitioner earlier filed civil suit but the same has not been mentioned in the petition. Further the contract was not taken in an open auction as averred.
5. I have considered the contentions and have gone through the comments and , other documents appended with this petition I am sorry to say at this juncture that the petitioner has tried to mislead this Court. He secured this contract through negotiation insipid of the Fact that respondent No. 5 was the highest bidder for Rs.28 lacs on 21.7.1997. The offer of the petitioner was accepted without associating respondent No. 5 as already stated who was the highest bidder. In these circumstances, when already direction for the re-auction has been made to give fair chance to all the parties, I am not inclined to interfere in this matter in the exercise of my Constitutional jurisdiction particularly so when the petitioner has suppressed material facts in his Constitutional petition. Dismissed in limine.