Citation Name: 2024 YLR 1306 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD TARIQ SAHI vs GOVERNMENT OF PUNJAB R — 2024 YLR 1306 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 1306 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 1306 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD TARIQ SAHI vs GOVERNMENT OF PUNJAB R
Subject matter: Constitutional

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

Citation Name: 2024 YLR 1306 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD TARIQ SAHI VS GOVERNMENT OF PUNJAB R. 198---Constitution of Pakistan, Art. 199---Constitutional petition---Public auction---Reserve price, fixing of---Wednesbury principle---Applicability---Petitioner was aggrieved of increase in reserve price of mining area to be leased out through public auction for excavating sand stone---Validity---Fixation of reserve price is prerogative of concerned government authorities---Any existing lessee nor any prospective bidder can seek fixation of reserve price of his own choice---While fixing reserve price, exercise of discretion by public authority must be just, fair and reasonable---Any arbitrary, whimsical and capricious exercise of such authority is amenable to judicial scrutiny---Scope of jurisdiction under Art. 199 of the Constitution in such regard is very limited---For such challenge to succeed in constitutional jurisdiction, it was imperative for petitioner to establish that the reserve price fixed by public functionaries was so unreasonable that no authority with a prudent mind could have fixed the same---This is also known as Wednesbury principle---In case auction in question failed to fetch bids for and above reserved price in question, matter would be referred to the Committee of Special Experts under directive/instruction dated 26-05-2021 for review of reserve price---Constitutional petition was dismissed, in circumstances.

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