ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D- 3549 of 2015

DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE

1- For orders on CMA.No.10010/2015 (U/A)

2- For orders on CMA.No.10011/2015 (Ex.A)

3- For KatchaPeshi.

01^st. October, 2015.

Mr. Aijaz Ali Jarwar, Advocate for Petitioner.

Through instant petition, the petitioner has prayed for following reliefs:-

(a) To direct the Respondent No.2 to conduct fair and impartial inquiry regarding the embezzlement of funds including the amount of petitioner of sum of Rs.53,00000/- and on the basis of such inquiry report he may register a reference against the respondent No.6 to 8 and submit such report before this Hon’ble Court.

(b) To direct the Respondent No.3 to provide legal protection to the life, liberty and property of the petitioner at the hands of Respondent No.4 to 8 and Respondent No.4 to 8 may be restrained to register any false FIR against the petitioner.

(c) To direct the Respondent No.6 to 8 to maintain the reputation of petitioner, and whenever petitioner approach to their office for seeking any tender work or payment they should not take their law in their hands, by lodging false FIR’s and further be directed not to create any havoc harassment against the petitioner.

(d) To grant any other relief which this Hon’ble Court deems fit and proper.

It has been stated by the learned Counsel for petitioner that the petitioner is a Licensed Government Contractor who was awarded contract by respondents No.6 to 8 in the year, 2007-2008 for construction of road, whereafter, the petitioner performed his contractual obligation and was partially paid an amount of Rs.67,00000/- (Sixty Seven Lacs), whereas, the balance amount of Rs.53,00000/- (Fifty Three Lacs) has not been paid so far by the respondents and instead of making such payment of such amount to the petitioner, the respondents have got registered a false F.I.R No.46/2015 at P.S, Duber in which crime the petitioner has been granted post arrest bail by the ATC, Court. Per learned Counsel, respondents have embezzled huge amounts including the payment of petitioner, hence requests that inquiry may be directed to be conducted against the respondents, who may be further directed to pay the balance amount of the petitioner.

From perusal of contents of the petition and the relief sought through instant petition, it appears that petitioner intends to implement some contractual obligations between the parties and instead of filing a Suit for recovery of alleged outstanding amount before proper Court of jurisdiction, has filed instant petition. Moreover, the petitioner earlier also filed similar petition before this Court bearing C.P.No.D- 3327 of 2012, which was dismissed vide order dated 25.3.2015 by a Division Bench of this Court in the following terms:-

“None present for the petitioner. As per comments filed by the respondents, the amount claimed by the petitioner for the work done by him is highly disputed. It is a settled principle of law that matters requiring factual controversy and evidence are not entertainable by this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. The instant petition stands dismissed. However, the petitioner would be at liberty to seek his remedy as available to him under the Law.”

We are of the considered view that instant petition is totally misconceived in facts and law as the allegations require factual scrutiny and evidence, whereas, similar petition filed by the petitioner had already been dismissed by a division bench of this Court in the above terms. Accordingly, instant petition is hereby dismissed in limine along with listed applications. However, the petitioner is at liberty to seek remedy as available to him in law, by filing proper proceedings in the proper Court of jurisdiction. As regards the allegation of harassment and registration of false case(s) at the instance of the respondents, petitioner may seek legal remedy in accordance with law.

JUDGE

A.R.BROHI