C.P.No.D-736 of2016
1.
For
orders on CMA-1999/2016
2.
For
orders on CMA-2000/2016
3.
For
KatchaPeshi
4.
For
orders on CMA-2001/2016
Date of hearing: 29.02.2016
Date of reasons: 01.03.2016
Mr. GhulamMujtabaJakhar Advocate along with
petitioner.
..................
Through instant petition, the
petitioner, who claims to be approved Government contractor, has expressed his
grievance in respect of an advertisement dated 30.01.2016 published in
newspaper Kawish in respect of electrical works i.e. fixing of solar polls in
talukaUbauro, District Ghotki, wherein, according to petitioner, the
respondents did not mention the condition to the effect that only those
contractors will apply for the said tender who have got the electrical licence
of Sukkur Range. Learned counsel for the petitioner submits that respondents
were required to mention such condition, as it was done in respect of similar
NIT for Karachi Region. Learned counsel for the petitioner was directed to
refer to any provision under the SPPRA rules, 2010, which may require the
respondents to impose such condition while making advertisement for NITs,
however, he could not refer to any such provision. Learned counsel was also
directed to satisfy this Court as to how the petitioner has approached this
Court, without approaching the relevant authorities, as provided under SPPRA
rules 2010 for redressal of grievance relating to public contracts/NITs,
however, no plausible explanation has been offered by the learned counsel for
the petitioner, who submits that the petitioner had written a letter to the
Chief Secretary, Government of Sindh in this regard and has also endorsed copy
of such letter to Director General, SPPRA, Karachi, however, no response is
received.
We have heard learned counsel for the
petitioner and perused the record, which reflects that the petitioner has
approached this Court, without any cause of action accrued to the petitioner,
whereas, it appears that the petitioner has not, so far, participated in the
tender process and has attempted to preempt and frustrate entire tender
process.
Accordingly, we do not find any
substance in the instant petition, which was accordingly dismissed in limine
along with listed applications, by our short order dated 29.02.2016 and these
are the reasons for such order. However, before parting with this order, we may
observe that the petitioner will be at liberty to agitate his grievance, if
permissible under the law and relevant SPPRA rules, before the relevant
authorities, by appropriate time, who may consider the grievance of the
petitioner in accordance with law and as per rules.
JUDGE
JUDGE