ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

C.P.No.D- 951, 965, 1250, 2980, 3241, 3363, 3373, 3438, of 2012

C.P.No.D- 1107, 1461, 2229 of 2013

C.P.No.D- 206, 226, 1321, 1700, 3394 of 2014

C.P.No.D- 21, 169, 1042, 2628, 2726, 2755, 2845, 2846, 2874, 2925, 3058, 3077, 3100, 3113, 3124, 3128, 3130, 3151, 3152, 3160, 3173, 3178, 3182, 3183, 3188, 3195, 3253, 3254, 3256, 3268, 3269, 3270, 3284, 3295, 3652, 3966, 3974, 4013, 4028, 4031, 4032, 4064, 4080. 4085, 4086, 4087, 4090, 4091, 4095, 4097, 4099, 4108, 4188, 4253, 4270, 4348, 4427, 4428, 4457, 4463, 4542, 4543, 4701, 4714 of 2015

C.P.No.D- 37, 305, 324, 519, 521, 571, 591, 773, 1032, 1033, 1039, 1040, 1044, 1048, 1050, 1059, 1060, 1068, 1069, 1071, 1072, 1083, 1084, 1087, 1088, 1089, 1111, 1117, 1118, 1120, 1129, 1137, 1138, 1157, 1158, 1164, 1174, 1197, 1207, 1208, 1302 of 2016

For Katcha Peshi.

C.P.No.D- 2448, 2496 of 2010

C.P.No.D- 615 of 2011

C.P.No.D- 2362, 2975, 3389, 3600, of 2013

C.P.No.D- 322, 3939, of 2014

C.P.No.D- 411, 449, 647, 670, 719, 894, 1075, 1213,

1356, 1369, 1376, 1413, 1459, 1866,

2067, 2207 & 2311 of 2015

For hearing of contempt applications.

06^th. April, 2016.

M/s Dareshani Ali Hyder ‘Ada’, Nusrat Hussain Memon, Zulfiqar Ali Sangi, Mehfooz Ahmed Awan, Aijaz Ali Jarwar, Ather Hussain Abro, Shakeel Ahmed Kalwar, Mansoor Hussain Maitlo, Abdul Naeem Pirzada, Farhan Ali Shaikh, Ajeebullah Junejo & Nusrat Hussain Memon, 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 affect 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 applications are disposed of in the above terms along with listed applications.

JUDGE

A.R.BROHI