ORDER
SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
C.P
No. D-976 of 2014
______________________________________________________________________ DATE ORDER WITH SIGNATURE
OF JUDGE ______________________________________________________________________
For Katcha Peshi.
19.01.2016
Mr.Nisar Ahmed Bhanbhro advocate for petitioner.
Mr. Liaquat Ali Shar learned Additional A.G for the State.
.-.-.-.-.-.--.-..-
At
the very outset, learned A A.G raised objection as to maintainability of
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, instant
petition may be disposed of in terms of para No.5
& 6 of the order passed by this Court in the aforesaid case.
Accordingly
instant petition is disposed of in the following terms.
“5. 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 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.
6. 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.
J
U D G E
J U D G E