LAHORE: The Lahore High Court has set aside an Auqaf Department order related to the auction of Khwaja Ghulam Farid shrine land, holding that a lawful lessee cannot be denied consideration for lease extension under the statutory framework merely on the basis of a higher subsequent offer.

Justice Raheel Kamran allowed a writ petition filed by Zulfiqar Ali Saleem and declared the impugned order of Aug 20, 2025, without lawful authority and of no legal effect.

The matter is related to over 1,600 acres of waqf land attached to the shrine in Kot Mithan, managed by the Auqaf Department and leased through public auction.

The petitioner had emerged as the highest bidder for 2024-25 and was granted extension for the second year under the Punjab Waqf Properties (Administration) Rules, 2002.

However, the department later ordered re-auction for 2026-27 after a third party offered a higher bid of Rs120 million.

In its judgment, Justice Kamran held that Rule 7 of the 2002 Rules clearly provides a structured three-year lease regime, where the second and third years are to be granted with a 20 per cent annual increase.

He ruled that this statutory mechanism cannot be bypassed simply because a third party offers a higher amount after the initial auction.

The judge observed that the authority is bound to act within the parameters of the law. He said the administrative discretion cannot override explicit statutory provisions.

The judge also noted that the third party, whose higher offer formed the basis of the re-auction decision, had subsequently withdrawn the offer, which weakens the justification for denying the petitioner’s claim.

Allowing the petition, the judge directed the authorities to decide the petitioner’s application for third-year extension strictly in accordance with the rules within 10 days, subject to payment of the enhanced lease amount and fulfillment of formalities.

The judge clarified that for any period beyond the initial three-year term, the respondent authorities shall remain at liberty to proceed strictly in accordance with law and the applicable rules.

Bar: The Punjab Bar Council (PbBC) has issued a clarification outlining the legal position on strike calls within the legal fraternity, asserting that no bar can announce strikes at national or provincial levels without prior approval from the relevant council.

In a clarification note issued by its vice chairman, the PbBC referred to Rule 175-E of the Pakistan Legal Practitioners and Bar Councils Rules, 1976, stating that no bar association or group of bar associations is authorised to call a strike or protest at the national level without the approval of the Pakistan Bar Council.

Published in Dawn, May 2nd, 2026

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