HYDERABAD, April 6 The Sindh High Court Hyderabad circuit bench has recorded its displeasure in the auction of forest department by senior officials and observed that if such practice is allowed to prevail it will lose the confidence of public at large in government functionaries.

Comprising Mr.Justice Amir Hani Muslim and Mr.Justice Mohammad Iqbal Mahar, the bench passed a detailed order in a constitutional petition, filed by Hameer Sattar and Mohammad Urs in respect of forest department.

Justice Muslim authored 10-page order, made available to Dawn on Monday. Secretary Forest, Chief Conservator Forest (respondent-2), Conservator Forest, Divisional Forest Officer Sanghar and Mian Peer Mohammad (respondent-5) were cited as respondents in the petition.

The petitioners had challenged order of June 19,2006 of the Chief Conservator Officer, permitting re-auction of Agro-forestry leases no 84, 85 and 104 of 2005-06 of Afforestation Division Sanghar at Khipro.

They claimed that since 1985-86 Hameer Sattar through his uncle Abdul Ghaffar and petitioner-2 as hari were cultivating Rabi crops there. On February 1,2006 respondent DFO held open auction where petitioners were highest bidders. They paid lease amount of first year and furnished security till Rabi 2011.

They said at the instance of respondent-5, his hari Mohammad Ramzan and others filed a suit (no 16/2006) against petitioners. DFO said that plaintiffs neither approached him nor respondent-2 nor participated in public auction of February 1,2006 for lease of land.

He admitted that land was leased out in auction transparently. The land was leased out to Hameer Sattar. Petitioners claimed that Ramzan`s petition was dismissed by high court on May 24,2006. DFO took same position in his statement before high court which he took in suit no 16/2006.

On March 11, respondent-5 and his four sons filed a suit, claiming preferential right in respect of agro forestry lease against respondents and petitioners.

Petitioner`s counsel said that petitioners were never intimated that their bids were not confirmed by competent authority instead challan was issued. He said respondent-5 couldn`t seek re-auction when he didn`t participate in first auction held transparently.

AAG Sindh claimed that petition is not maintainable as condition-23 of Agro forestry lease empowers the department to cancel bids without assigning any reason thus re-auction is justified.

Counsel for respondent-5 said petitioners didn`t participate in re-auction, therefore, he has no right to challenge the same. He said that his client had preferential right to get land in terms of clause 8 of sub-clause-5 of Sindh Agro Forestry Policy 2004.

Justice Muslim noted that no material was placed before the court to substantiate that petitioners` highest bid in first auction was not confirmed by respondent-2 or any other authority.