C.P.No.D-52 of 2015

For orders on CMA-3529/2016

30-03-2016

Mr. Nisar Ahmed Bhambhro Advocate for petitioner.

Mr. Shaharyar Awan, Assistant Advocate General.

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Learned counsel for the petitioner seeks urgency in the matter as according to learned counsel instant petition can be disposed of in terms of order passed by this Court on 24.11.2015 in the identical petition i.e. CPD-3134/2013. In support of his contention learned counsel for the petitioner has placed on record copy of such order. Learned AAG does not controvert such position and submits that instant petition may be disposed of in terms of the aforesaid order.

Accordingly instant petition is disposed of in terms of para 5 & 6 of the aforesaid order passed by this Court in aforesaid petition, whereas, para 5 & 6 of such orders are reproduced hereunder:

“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.e Nizamuddin 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, 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 respondents may consider the claims of the petitioner strictly in accordance with law and shall ensure that the admitted outstanding amount against the respondents, shall be paid to the petitioner 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/pending applications.

JUDGE

JUDGE

N.M.