MANZOOR-UR-REHMAN vs GOVT. OF SINDH and others
This matter concerns a petition for leave to appeal against a judgment of the Sindh High Court, which dismissed a constitutional petition challenging the validity of an auction process for the sale of dead trees. The petitioner alleged that the auction was conducted in a clandestine manner, bypassing codal formalities, and that the contract was awarded to a respondent at a lower price despite the petitioner offering a higher amount. The core legal question was whether the auction proceedings were vitiated by procedural irregularities or lack of transparency. The Supreme Court held that the auction was conducted with wide publicity, including newspaper advertisements and website notifications, and that all necessary codal formalities were satisfied. Furthermore, the valuation was verified by the relevant forest authorities, negating claims of financial loss to the government. The Court affirmed the dismissal of the petition, establishing the principle that a party who fails to participate in an open, duly publicized auction process lacks the standing to challenge the validity of that auction subsequently.
- Can a party who fails to participate in an open and duly publicized auction challenge the validity of the auction proceedings?
- Does the failure to participate in an auction process preclude a petitioner from questioning the auction's outcome?
- Is an auction process vitiated if the valuation of the subject matter is verified by the relevant government authorities?
Ijaz-ul-Hassan, J.--Leave to appeal is sought against judgment dated 28.2.2008 passed by learned Sindh High Court, at Sukkur, dismissing Constitution Petition No,17 of 2008 filed by the petitioner.
2. The facts as gathered from record briefly stated are, that on the basis of 'where it is' and 'as it is' the bids for Dead Trees in Mumtaz Colony, Khairpur, were required in sealed covers from the interested parties to be received on 7.8.2007 in the office of Respondent No, 4 i,e, Executive Engineer, Provincial Building Division, Nawabshah. Many parties participated in the bid. The bid of Zulfiqar Ali, Respondent No, 6 having been found highest, was accepted and contract was awarded to him with direction to start cutting and removing the trees.
3. Manzoor-ur-Rehman petitioner, feeling aggrieved, filed the Constitution Petition before learned High Court of Sindh at Sukkur, on the ground that according to process and procedure for the auction/bid of the above said trees, tenders were invited from the approved contractors through publication in Newspapers for participation in the' bid, but no such process and procedure had been adopted by Respondent No, 4 and auction had been made secretly and approved in favour of Respondent No 6 for a meager, amount of Rs, 4,23,000/- on 07.8.2007 for reasons not far to seek and the petitioner, having come to know of it, approached Respondent No, 3 i,e, Superintending Engineer, Building Division, Sukkur and offered price of Rs,646000/- but the offer was refused. The auction has been shown on papers by the respondents in order to benefit Respondent No, 6 and to cause monetary loss to the department and the Government of Sindh. It was also alleged that act of Respondent Nos,3 and 4 in conducting the auction/bid in-question in favour of Respondent No, 6 be declared as illegal, void, .ab-inttio and liable to cancellation. The petition was dismissed vide impugned judgment as mentioned and stated above.
4. Appearing on behalf of the petitioner Mr. G.N. Gohar, Advocate, contended that required codal formalities were not fulfilled and bid of Respondent No, 6 was accepted in a clandestine manner on lowest rates and no participation list of bidders was available on record which fact alone is sufficient to vitiate the entire proceedings.
5. The submissions of the learned counsel do not carry weight. It stands established from the material on record that auction of trees was published in newspapers dated 19.7.2007 and 20.7.2007 about 19 days before the sealed bid was invited from the interested parties. In the publication it was not mentioned that the trees would be auctioned publicly. No illegality or material irregularity has been committed by the official respondents and all codal formalities have been fulfilled. Learned counsel for the petitioner has not been able to point out any substantial question of law of public importance to warrant interference by this Court. The petitioner failed to participate in above auction, The auction has been made under wide publicity including Website, and publication in newspapers after completing all codal formalities. No loss has been caused to the Government, because the valuation of the 'trees was made through District Officer Forest, Khairpur, and duly verified from the Conservator of Forests, Sukkur Range. The petitioner having failed to participate in open auction cannot be allowed to question successfully the auction in- question.
6. In view of the above, the petition is dismissed and leave declined accordingly.