C.P No. D – 2313 of 2011

 

                             For hearing of CMA-3376/2014

 

25.01.2016

 

Mr. Dareshani Ali Haider Ada Advocate for petitioner.

Mr. Noor Hassan Malik, Assistant Advocate General.

Alleged contemnors Muhammad Ali Memon, Chief Engineer, Muhammad Masood Memon, SE and Jameel Ahmed Qureshi XEN of Highway Department present in person.

                                    ..................

 

                        At the very outset, Learned AAG raised objection as to the maintainability of the instant petition and placed on record copy of order dated 24.11.2015, passed by this court in C.P No. D-3134/2015 (Re: Pervaiz Ali Shah and others V. Government of Sindh and others) and submits that the instant petition may be dismissed. Copy of such order has been provided to learned counsel for the petitioner, who submits that instead of dismissing instant petition, the same may be disposed of in terms of para Nos. 5 & 6 of the order passed by this Court in the aforesaid case.

 

                        Accordingly instant petition is disposed of in the following terms.

 

“1.        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). We are not inclined to entertain the disputed claims of petitioner which otherwise relate to some contractual obligation, therefore, instant petition is hereby dismissed for being not maintainable.

2.         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 claims of the petitioners strictly in accordance with law and shall ensure that the admitted outstanding amount against the respondents, shall be paid to the petitioner 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.”

 

                        Petition stands disposed of in the above terms.

 

 

 

                                                                                JUDGE

 

 

                                                JUDGE

 

 

N.M.