C.P.No.D-2770 of 2011

1. For KatchaPeshi

2. For hearing of CMA-9640/2011

30.03.2016

Mr.Dareshani Ali Haider Ada Advocate for petitioner.

Mr. Liaqat Ali Shar, Additional Advocate General.

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Through instant petition, the petitioner has sought implementation of some contractual obligations between the parties, whereas, perusal of comments filed on behalf of respondents, it is reflected that the claim of the petitioner has been seriously disputed. Learned Addl.A.G.has raised an objection as to maintainability of instant petition, on the grounds that disputed facts have been agitated by the petitioner to establish his claim pursuant to some contractual obligations, which cannot be examined by this Court under its constitutional jurisdiction. In support of his contention, learned Addl.A.G. has placed reliance on the case of Nizamuddin and others vs. Civil Aviation Authority (1999 SCMR 467) and Pak Com Limited and others Vs. Federation of Pakistan (PLD 2011 SC 44) and has also placed on record copy of order dated 24.11.2015 passed by this Court in the identical petition i.e. CPD-3134/2013, with particular reference to para 5 of such order and submits that instant petition is liable to be dismissed.

While confronted with such position, learned counsel for the petitioner could not controvert the same, however, submits that the respondents may be directed to at-least consider the request of the petitioner for payment of admitted outstanding amount in accordance with law.

We have heard learned counsel for the parties, perused the record and the case-law relied upon by the learned Addl.A.G in this matter, which reflects that petitioner has sought implementation of some contractual obligation, whereas, seriously disputed facts are involved as the claim of petitioner has been disputed by respondents in their reply/comments. Accordingly, while placing reliance on the Judgment of Hon’ble Supreme Court i.eNizamuddin and others vs. Civil Aviation Authority (supra) and Pak Com Limited and others Vs. Federation of Pakistan (supra),we are not inclined to entertain the disputed claims of petitioners which otherwise relate to some contractual obligation, therefore, instant petition is hereby dismissed along with listed application for being not maintainable. However, before parting with this order, we may observe that petitioner may be at liberty to approach the respondents along with relevant documents to establish his claim, whereas, it is expected that the respondents may examine the same strictly in accordance with law, without being influenced with the delay occurred In view of pendency of instant petition.

JUDGE

JUDGE

N.M.