ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

FOR ORDERS

CP NO.D-1978, 1979, 2036, 515 of 2016.

For Katcha Peshi.

   CP NO.D-3211, 3232 of 2012,

CP NO.D-366, 2082, 3694, 4127 of 2015,

 CP NO.D-562, 1224, 1277, 1292, 1308, 1310, 1370, 1371, 1458,  1524, 1591, 1592, 1600, 1640, 1684, 1692, 1693,1748, 1820, 1827, 1915, 1916, 1953, 1954, 1961, 1968, 1981 and  1982 of 2016.

 

For hearing of contempt application.

   C.P.No.D- 3947 of 2014

12th May 2016.

M/s Nusrat Hussain Memon, Illahi Bakhsh Jamali, Achar Khan Gabole,  Ather Hussain Abro,  Advocates for 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:-

(i)                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.

 

(ii)             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.

 

(iii)           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 constitution petitions and contempt application are disposed of in the above terms along with listed applications.

 

            JUDGE

JUDGE

Irfan/PA