MUHAMMAD SHAHBAZ vs PROVINCE OF PUNJAB through Chief Secretary,Punjab First right of refusal — 2022 MLD 137 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 137 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD SHAHBAZ vs PROVINCE OF PUNJAB through Chief Secretary,Punjab First right of refusal
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD SHAHBAZ VS PROVINCE OF PUNJAB through Chief Secretary,Punjab First right of refusal---Matching of bid---Parties participated in auction of lease hold rights of an amusement park which was already in possession of respondent---Petitioner was the highest bidder but contract was awarded to respondent in exercise of condition of First right of refusal---Validity---Petitioner did not have experience in respect of running amusement park as required by authorities---Such experience was essential and necessary so as to protect lives of people especially the children coming to such recreational places for amusement purposes---Petitioner did not agitate the matter at relevant time before competent authority and kept mum, rather participated in bidding process---Respondent was in legal possession of subject matter and had right of first refusal of the highest bid and that was for him to decide whether such rate was acceptable or not---When respondent opted to retain lease on the highest bid, the authorities were under obligation to execute fresh lease in his favour and the same was done as per terms and condition of tender notice/advertisement---Such clause of advertisement was not against rights of petitioner and other participants---High Court in exercise of Constitutional jurisdiction under Art.199 of the Constitution, declined to interfere in the decision made by the authorities as there was no arbitrariness, illegality, irrationality and procedural impropriety or mala fide on their part--- Constitutional petition was dismissed, in circumstances.

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