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Writ Petition No. 7909 of 1980, decided on 22nd December, 1980.
R. 225 read with West Pakistan General Clauses Act (VI of 1956), S. 20‑Auction‑Confirmation ‑ Withdrawal ‑ Municipal Secretary confirming auction in petitioner's favour but not communicating such confirmation to petitioner‑‑Confirmation of auction later withdrawn‑, Confirmation order having not taken effect by time of making of subsequent withdrawal order no rights created in favour of Petitioner Secretary, held, empowered to withdraw confirmation on basis of provisions of S. 20, General Clauses Act, 1956 and general principles governing locus poenitentiae.‑[Locus poenitentiae].
Pakistan through The Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhf P L D 1969 S C 407 ; Collector of Central Excise and Land Customs and 3 others v. Azizuddin Industries Ltd., Chittangong P L D 1970 S C 439 ; Chitibobu Adenna and others v. Garimalla Jaggarrayadu A I R 1916 Mad. 75 ; Qadir Khan v. Board of Revenue, West Pakistan, Lahore and 13 others 1972 S C M R 80 ; Rehmat All and 2 others v. The Revenue Board, West Pakistan, Lahore and another 1973 S C M R 342 * Pakistan through The Secretary, Ministry of Finance ; M. Muzaffar‑ud‑Din Industries Ltd. v. The Chief Settlement and Rehabilitation Commissioner, Lahore and another 1968 S C M R 1136 ; Shamshad Ali Khan v. Commissioner, Lahore etc. 1969 S C M R 122 and Mir Rasool Bux Khan Sundrani & Co. v. People's Municipality, Sukkur and 2 others P L D 1975 Kar. 878 ref.
The Rajanagaram Village Co‑operative Society by its Secretary, Partha sarathi Pillai v. P. Veerasami Mudaly A I R 1951 38 Mad. 322 ; Rahim Shah v. The Chief Election Commissioner of Pakistan and another P L D 1973 S C 24 and Dr. Azeem Shad v. Municipal Committee, Multan P L D 1968 Lab. 1419 distinguished.
‑‑ Maxim Audi alteram partem (no one should be condemned unheard)‑No right created in favour of petitioner till passing of order under challenge‑Officer passing order, held, not obliged to hear petitioner before making impugned order.‑[Maxim].
‑‑ R. 225 ‑ Auction ‑ Confirmation ‑ Opportunity of hearing Municipal Secretary, held, not obliged under r. 225 to afford hearing to bidder before refusing to confirm bid.‑[Natural justice, principle of].
Ch. Masood Zakriya for Petitioner.
Nemo for Respondent No. 1.
Mazaffar Qadir for Respondent No. 2.
Dates of hearing : 12th, 15th and 17th November, 1980.
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