IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt: Petition No.D- 1914 of 2015.
DATE
ORDER WITH SIGNATURE OF HON’BLE JUDGE
1-
For KatchaPeshi.
2-
For orders on CMA.No.5643/2015
(Stay)
04th.
December, 2015.
Mr.Mehfooz
Ahmed Awan, Advocadte for
petitioner
Mr.
Liaquat Ali Shar, Addl: A.G.
At
the very outset, learned Addl: A.G raised objection
as to the maintainability of instant petition and placed on record copy of
order dated 24.11.2015 passed by this Court in C.P.No.D-
3134 of 2015 Pervaiz
Ali Shah and others V. Government of Sindh and others and submits that the
instant petition may be dismissed. Copy of such order has been provided to learned Counsel for petitioner, who submits that instead of
dismissing instant petition, instant petition may be disposed of in terms of
Para 5 & 6 of the order passed by this Court in the aforesaid case.
Accordingly
instant petition is disposed of along with listed application in the following
terms.
“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 for 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 respondent may consider the
claims of the petitioners strictly in accordance with law and shall ensure that
the admitted outstanding amount against the respondent No.6, shall be paid to
the petitioners 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 along with listed application
JUDGE
JUDGE
A.R.BROHI