ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No. D- 4260 of 2015

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

1. For order on CMA 11838/2015

2. katcha Peshi.

15.03.2016

Miss Amber Iqbal advocate for the petitioner.

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Through instant petition, the petitioner has expressed his grievance for not releasing of the amount, which according to petitioner is outstanding against the respondents in respect of work awarded to the petitioner. The contractual obligations can not be enforced by filing constitutional petition, as the same require evidence and involve disputed facts. Learned counsel for petitioner was directed to satisfy the Court as to maintainability of instant petition as similar petitions have already been dismissed vide order dated 05.10.2015
(Re: Sikandar Versus P.O Sindh and others) passed by division bench of Honourable Chief Justice as well as by this Court vide order dated 15.01.2016 (Re: Abdul Fattah Vs. Deputy Commissioner Ghotki at Mirpur Mathelo and others). However, learned counsel could not submit response to such objection as to maintainability of instant petition.

Accordingly instant petition is dismissed along with listed application. However, petitioner will be at liberty to seek remedy in accordance with law by approaching proper forum. However, it may be observed that the official respondents shall consider the request of the petitioner, strictly in accordance with law, and in case of any admitted liability, the grievance of the petitioner may be redressed without any un-necessary delay or litigation in this regard.

J U D G E

JUDGE

Irfan/PA