Dilawar khan vs Government of Khyber Pakhtunkhwa through Secretary Transport and Mass Transit, Khyber Pakhtunkhwa, Peshawar art — 2024 MLD 1295 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 MLD 1295 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: MLD
Parties: Dilawar khan vs Government of Khyber Pakhtunkhwa through Secretary Transport and Mass Transit, Khyber Pakhtunkhwa, Peshawar art
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

Dilawar khan VS Government of Khyber Pakhtunkhwa through Secretary Transport and Mass Transit, Khyber Pakhtunkhwa, Peshawar art. 199--- Constitutional petition---Collection of adda fee/tax---auction---Terms and conditions---Petitioner participated in auction and was next higher bidder--- Plea raised by petitioner was that the highest bidder failed to honour the commitment therefore, he was to be declared as the successful bidder---Validity---acceptance of petitioner's bid was contingent with the conditions that if first highest bidder failed to pay 1/4th amount of auction within stipulated period of time, the bid amount would be negotiated with petitioner--- Counter offer of petitioner was neither agreed by respondent / authorities nor was approved and there was no concluded contract between the parties---It was the policy of government that when recovery of toll tax was auctioned for a particular year at a particular amount, in the following year, the new bidder had to increase the bid by 10% at least---It was the liability of petitioner to pay 10% increase to authorities on the amount of highest bid for previous year--- authorities were under legal obligation to return bid security amount / instrument to petitioner but after adjustment of outstanding amount against him--- High Court directed the authorities to conduct the auction afresh--- Constitutional petition was dismissed, in circumstances.

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