C.P.No.D-1626 of2015
For orders
Along with C.P
No.D-1776of 2015
For KatchaPeshi
C.P No.D-286, 3312, 3314, 3460,
3583of 2012,2550, 2767of 2013,917, 1867 of
2014,2099, 2620, 2967, 3052, 4046, 4068, 4193, 4601, 4626of 2015,441,
1019, 1020, 1026, 1045, 1051, 1070, 1090, 1104, 1105, 1106, 1107, 1108, 1109,
1166, 1167, 1177, 1184, 1185, 1228, 1230, 1239, 1247, 1261, 1268, 1309, 1311,
1322, 1343, 1344, 1407, 1434, 1440of 2016.
For Hearing of
Contempt Application
C.P No.D-2667of 2010,963of
2014,1161, 1305, 1701, 1735of 2015.
14.04.2016
M/sNusratHussainMemon,Nisar Ahmed Bhambhro,
Zulfiqar Ali Sangi, Mehfooz Ahmed Awan, J. K. Jarwar, Sikandar Ali Junejo,MansoorHussainMaitlo,
Jam MaqboolHussainSahito, TahirHussainMangi, Irshad Ali Lashari, Muhammad MuradKubar
andSundar Khan Chachar advocates for the petitioners.
Mr. Shafique Ahmed Leghari, State Counsel.
................
After
hearing the learned Counsel for the petitioners and in view of objection as to
maintainability of instant petition by consent, instant matters are being disposed
of in the following terms:
1. All
the above petitions, in which, the petitioners have sought directions of this
Court to the effect that the respondents i.e. concerned procuring agency may be
directed to issue blank tender forms, if they are found to be eligible in
accordance with law and as per SPPRA Rules,2010, in which blank tender forms
have already been issued to the petitioners, are hereby disposed of, for having
become infructuous.
2. The
contempt applications filed by the applicants are disposed of as not pressed,
however, the applicants may be at liberty to agitate their grievance for
alleged violation or non-compliance of SPPRA Rules, 2010, by filing appropriate
proceedings before the relevant forum/ authority in terms of SPPRA Rules, 2010.
Whereas, it is expected that all public tenders, NITs shall be processed in a
fair and transparent manner to avoid any dispute and unnecessary litigation on
this account.
3. The
procuring agency shall ensure the constitution of “Complaint Redressal Committee”in terms of Rule 31 of SPPRA Rules,
2010 so that in case of any grievance, an efficacious and adequate remedy for
the aggrieved party shall be readily available as envisaged in the above Rules,
so that litigation of the nature on such trivial issues can be avoided and
government functionaries in this regard are saddled with an obligation to
follow the above Rules. Respondents shall dispose of such complaint after providing
an opportunity of being heard to the concerned parties within a reasonable
period of time strictly in accordance with law and relevant rules.
All the aforesaid
constitutional petitions and contempt applications are disposed of in the above
terms along with listed applications.
JUDGE
JUDGE
N.M.