For KatchaPeshi
27.04.2016
Mr.Muhammad
Ibrahim Gambhir holds brief for Mr.AjeebullahJunejoadvocate for petitioner.
Mr.
ShaharyarAwan, Assistant Advocate General.
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Learned
AAG has raised an objection with regard to maintainability of instant petition
as according to him, through instant petition, the petitioner is seeking
implementation of contractual obligation, whereas, this Court has already
disposed of similar petition being CP No.D-3134/2013.In support of his
contention learned AAG has placed on record copy of such order and submits that
instant petition may also be disposed of on same terms.
Accordingly
instant petition is disposed of in terms of para 5 & 6 of the aforesaid
order passed by this Court in aforesaid petition, whereas, para 5 & 6 of
such orders are reproduced hereunder:
“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 the Judgment of
Hon’ble Supreme Court i.eNizamuddin 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 petitioners which otherwise relate to some
contractual obligation, therefore, instant petition is hereby dismissed, 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 petitioner
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.