ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cons. Petition No.D-1192 of 2015

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

For hearing on CMA 5328/15

Date of Hearing: 02.12.2015

Petitioner present in person.

Mr. Muhammad Saleh Bhutto Advocate for respondent No.2.

Mr. Shahriyar Imdad Awan A.A.G

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Through the listed application, the petitioner has alleged contempt of Court’s order dated 13.4.2015 passed by this Court against the alleged contemnors wherein it has been stated that the alleged contemnors did not award the contract in favour of petitioner on extraneous grounds.

We have heard the petitioner in person and perused the record which reflect that instant petition was disposed of on 13.4.2015 in the following terms.

“ In view of above, this petition is hereby disposed of by giving specific directions to the respondent No.2 to 4 to issue blank tender form to the petitioner, if he fulfills all the necessary legal and codal formalities as per Sindh Public Procurement Rules, 2010 or any other relevant law for the time being in force. The petitioner shall move an application for issuance of tender form, which shall be duly received by the respondents and likewise the petitioner will also put his signatures at the time of receiving of tender form.”

The petitioner was confronted as to whether pursuant to aforesaid order, the blank tender form was issued to the petitioner or not to which he has submitted that tender form was issued however, he has not been granted contract as alleged contemnors awarded the contracts to their favorites. It has been further stated that the tender has been awarded in violation of rules. However nothing has been placed on record to support such allegation whereas the petitioner has not approached the forum as provided in Sindh Public Procurement Rules.2010 for redressal of grievance relating to tender process.

Since the scope of instant petition was limited to the extent of issuance of blank tender form to the petitioner subject to his eligibility, therefore, we are not inclined to examine further allegation with regard to tender process, whereas, prima facie it appears that the order passed by this Court has been complied with by the respondents. It appears that the instant application is not based on merits and has been filed without any cause of action or substance, whereas the petitioner has not availed the remedy in terms of SEPRA Rules,2010.

Accordingly listed application being misconceived was dismissed vide our short order dated 02.12.2015 passed in Court, and these are reasons of our short order.

Dated.15.01.2016 J U D G E

J U D G E

Irfan/PA