ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        3638   of 2014

DATE                                     ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

1-     For orders on office objection at Flag “A”

2-     For Katcha Peshi.

 

17th. May, 2016.

 

                        Mr. Noor Hassan Malik, Asstt: A.G.

 

                        Petitioner and his Counsel called absent, no intimation received. Learned Asstt: A.G has raised an objection with regard to maintainability of instant petition, on the ground that the petitioner is seeking implementation of contractual obligations, whereas, the claim of the petitioner has been disputed by the respondents. It has been further stated that recently, a Division Bench of this Court at Principal Seat vide order dated 05.10.2015, passed in C.P.No.D- 5008/2015 Re: Sikander Korai Vs. Province of Sindh and others, has dismissed similar petition by placing reliance upon the judgment passed by the Hon’ble Supreme Court of Pakistan, on the subject controversy, and in this regard he has placed the copy of such order on record.

                        In view of hereinabove facts and circumstances of the case, and the aforesaid order passed by a Division Bench of this Court on the subject controversy, wherein, reliance has been placed on the Judgment of Hon’ble Supreme Court i.e Nizamuddin and others Vs. Civil Aviation Authority (1999 SCMR 467) and Pak Com Limited and others Vs. Federation of Pakistan (PLD 2011 SC 44, this court  in C.P.No.D- 3134 of 2013 has also passed order                  dated 24.11.2015 in the case of   Parvez Ali Shah and others Vs. Government of Sindh and others.  We are not inclined to entertain the disputed claims of petitioners which otherwise relate to implementation of some contractual obligations, therefore, instant petition is hereby dismissed for being not maintainable.

                        However, before parting with the above order, we may observe that Government Departments are required to be fair and responsive to all contractual obligations, whereas, it is expected that the respondents may consider the genuine claims strictly in accordance with law and shall ensure that the admitted outstanding amount against the concerned respondents are paid within a reasonable period of time, whereas, efforts shall be made to get all the subject public works completed within stipulated period as per original scheme and the costs so determined, to avoid any revision of scheme i.e enhancement of cost, so that there shall be no loss to the public revenue on this account.

                         JUDGE

JUDGE

A.R.BROHI