ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        709     of 2016

DATE                                     ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

For orders on CMA.No.4616/2016

 

17th. May, 2016.

 

M/s Zulfiqar Ali Sangi & Khan Muhammad Sangi,                   Advocate for petitioner.

Mr. Noor Hassan Malik, Asstt: A.G.

 

                        Learned Counsel for the petitioner seeks urgency. Urgency application is allowed, as according to learned Counsel, the respondents are not doing the needful as per law. Learned Asstt: A.G present in Court submits that similar petitions have already been disposed of vide order dated 24.11.2015 in the case of (Re: Pervaiz Ali Shah and others Vs. Government of Sindh and others) including C.P.No.D-2268/2014 in the case (Re: Abdul Fattah  Vs. Deputy Commissioner Ghotki & others) vide order dated 15.1.2016 and placed copy of such order on the file of instant petition and submits that instant petition can be disposed of in the similar terms of Para Nos. 5 & 6 of the order passed by this Court in the aforesaid cases. Accordingly, by consent instant petition is disposed of in the following terms:-

“5.       In view of herein above 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 for being not maintainable.

 

6.         However, before parting with the above order, we may observer 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 respondents, 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 in this account.”

 

                        Petition stands disposed of in the above terms.

JUDGE

JUDGE

A.R.BROHI