Ch. Shaukat Ali Daulla vs Province of Punjab through Chief Secretary Punjab, Lahore S

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Ch. Shaukat Ali Daulla VS Province of Punjab through Chief Secretary Punjab, Lahore S.10---Punjab Local Government Act (XXXIII of 2022), Ss. 94 & 96---Punjab Local Government (Property) Rules, 2018---Auction policy dated 30-09-2019 issued under S.10 of Colonization of Government Lands (Punjab) Act, 1912---Shops leased out by the Local Government---Re-auction proceedings, challenging of---Petitioners (lessees/ occupants of shops (shops-in-question) filed constitutional petitions to challenge auction proceedings of shops-in-question---Contention of petitioners was that rent for the shops leased out by the Local Government would only be enhanced by following the procedure prescribed under Ss. 94 & 96 of the Punjab Local Government Act, 2022, according to different categories of lease after fresh assessment by the Rent Assessment Committee---Submission of the Official Respondents was that the shops- in-question were in the ownership of the Provincial Government being shown in column of the ownership of the Revenue Record, yet managed by the Local Government, auction of which were being conducted under auction policy dated 30-09-2019 issued under S.10 of Colonization of Government Lands (Punjab) Act, 1912, as per decision taken in meeting of Board of Revenue (BOR) under the Chairmanship of Senior Member, Board of Revenue---Validity---Record reveal that most of the petitioners (occupants/lessees) had already participated in the impugned auction proceedings and had also been declared successful bidders and were retaining the shops , apparently agreeing with the fresh assessment of rent of the shops-in-question---High Court disposed of the matters directing the relevant Committee to examine the cases of petitioners individually and in case they agreed with the enhanced rent as assessed, the proceedings might be finalized to their extent; however, those petitioners to whom fresh assessment of rent was not acceptable, their cases might be decided through reasoned and speaking orders and those petitioners would be at liberty to challenge the said orders as well the auction proceedings, if so advised, before appropriate forums---Constitutional petitions were disposed of accordingly.

Ch. Shaukat Ali Daulla vs Province of Punjab through Chief Secretary Punjab, Lahore S — 2025 YLR 97 LAHORE-HIGH-COURT-LAHORE

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