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WALLI MUHAMMAD versus KARACHI METROPOLITAN CORPORATION


Article 45 (first), for the first time credibility 1980 81 81 for Fox show holding rights most bid not accepted Auction 81 already has the right to hold Fox show hold until 30 \ 1980, The mutual consent of the parties applying for a license renewal is renewable and offers to pay more for it (the continuation of their rights accepts the RK proposal on 14 1980 1980). On the record to indicate that the bid was not approved by a competent authority

1981 C L C 730

[Karachi]

Before Saeed‑uz‑Zaman Siddiqui, J

WALLI MUHAMMAD‑Applicant

versus

KARACHI METROPOLITAN CORPORATION AND 2 OTHERS‑ Respondents

Civil Revision Application No. 203 of 1980, heard on 7th August, 1980.

(a) Sind Local Government Ordinance (XII of 1979‑‑

S. 45 (4), first proviso‑Non‑acceptance of highest bid‑Auction of right to hold Fox Show for year 1980‑81 held on 26‑4‑1980 Petitioner's bid highest and accepted by officer conducting auction subject to approval of Municipal Corporation (competent autho rity)‑R already having right to hold "Fox Show" up to 30‑6‑1980, renewable by mutual consent of parties applying for renewal of licence and offering to pay higher amount for (continuance of his rights Municipal Corporation accepting offer of R on 14‑5‑1980‑No order on record to show bid of petitioner being not approved by competent authority‑Petitioner's bid having not been rejected, Municipal Corpora tion, held, not competent to negotiate and transfer right to R.

(b) Sind Local Government Ordinance (XII of 1979)‑

‑‑ S. 45 (4), second proviso‑Transfer of rights by contract‑No approval of Government sanctioning transfer of right by Municipal Corporation in favour of another by contract‑Transfer of right by contract, without approval of Government held in accordance with law.‑‑[Contract].

M. A. Latif for Petitioner.

Muslim Naqvi for Respondents Nos. 1 and 3.

Munawar Abbas for Respondent No. 2,

Date of hearing : 7th August, 1980.

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