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