ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D- 347 of 2012.

DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE

FOR KATCHA PESHI.

02^nd. February, 2016.

Mr. Dareshani Ali Hyder “Ada”, Advocate for petitioner.

Mr. Liaquat Ali Shar, Addl: A.G.

Through instant petition, the petitioner has sought release of some outstanding amount by respondents No.3 & 4 pursuant to some contractual obligation and the work undertaken by petitioner. Instant petition appears to be misconceived as the dispute relating to a contractual obligation and recovery of amount cannot be resolved by filing constitution petition, whereas, proper remedy is available under Civil Law. The petitioner is at liberty to seek remedy by way of filing suit for recovery of amount or enforcement of the contractual obligations. While confronted with such legal position, learned Counsel for petitioner could not offer any explanation in this regard. Reliance in this regard can be placed in the case of Nizamuddin & others vs. Civil Aviation Authority (1999 SCMR 467) and Pak Com Limited and others vs. Federation of Pakistan (PLD 2011 SC 44). Accordingly, instant petition being misconceived and not maintainable is hereby dismissed in limine. Petitioner is at liberty to seek remedy in accordance with law.

JUDGE

JUDGE

A.R.BROHI