ORDER SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt:
Petition No.D- 3035 of 2015
DATE ORDER
WITH SIGNATURE OF HON’BLE JUDGE
1- For
orders on CMA.No.8538/2015 (U/A)
2- For
orders on CMA.No.8539/2015 (Ex.A)
3- For
Katcha Peshi.
4- For
orders on CMA.No.8540/2015 (Stay)
26th. August, 2015.
Mr.
Ferozuddin N.Shaikh, Advocate for petitioner
1 Urgency
application is allowed.
2 Granted,
subject to all just exception.
3&
4. Through instant petition,
petitioner alleges that respondents No.2 and 3 are not issuing tender form to
the petitioner pursuant to a Notice for inviting tender dated 06.8.2015
available at page-17 Annexure “B”. Per learned Counsel, petitioner is a licensed
Contractor and qualifies to obtain such tender form and to participate in the
tender. According to learned Counsel for the petitioner for the proposed works
as mentioned at Serial No.13, 14 and 15 of such Notice for inviting tenders
petitioners prepared the three call deposits however, respondents did not
accept the same. Per learned Counsel, inspite of repeated requests the
respondents are not issuing tender form, whereas tomorrow is the last date for
such purpose. It has been prayed that respondents may be directed to
immediately supply tender form to the petitioner and they may be restrained
from awarding tender to the man of their own choice.
We may observe that
tendency to approach this Court under its constitutional jurisdiction directly
without exhausting remedies available under
SPPRA Rules, 2010 at the fake end of the proceedings for obtaining some
interim restraining order amounts to frustrate the normal process of public
tenders, which causes delay in execution of such contracts and conclusion of
the public works in time. Record shows that Notice inviting tenders is dated
06.8.2015 whereas, during such period the petitioner has not remained vigilant
to pursue the remedy in accordance with law or to approach this court promptly.
We don’t see any reason as to why such allegations may be entertained at
this fag stage of proceedings,
particularly when the petitioner has not
placed anything on record that the
petitioner, before filing this petition has either availed the available remedy
under SPPRA Rules, or made an effort to obtain the tender form within time. It
cannot be expected from a public functionary to deprive any person who
otherwise qualifies to participate in a public tender process, without any
reasonable excuse. Learned Counsel for petitioner has not been able to show as
to how and when he approached the respondents for the purpose of issuance of
tender form as there is nothing in writing nor the petitioner appears to have
lodged any complaint in this regard under SPPRA Rules, 2010. Accordingly, we do
not find any substance in the instant petition which is dismissed in limine
along with listed application. However, petitioner is at liberty to approach
the respondents for issuance of tender form, whereas, the respondents are
directed to entertain the request of
petitioner and if the petitioner
qualifies, such tender form shall be issued to him whereas, if such request for
issuance of tender forms as referred to hereinabove is declined, the
respondents shall give reasons in writing for such refusal to the
petitioner. Let the petitioner may
approach the respondents today or tomorrow for such purpose.
Petition stands disposed-off in above terms..
JUDGE
JUDGE
A.R.BROHI