ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Constt. Petition No.D-1648 of 2016
Date |
Order with signature of Judge |
1. For orders on office objection
2. For orders on CMA No.4542/2016
3. For orders on CMA No.4543/2016
4. For katcha peshi
5. For orders on CMA No.4544/2016
21-04-2016
Mr. Sundar Khan Chachar Advocate for petitioner
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2. Urgency application is granted.
1,3,4,5. Learned counsel for the petitioners submits that pursuant to advertisement published in SPPRA Website in respect of NIT pertaining to improvement/construction of road from National Highway Bago Wah on both side Mile 0/0-0/5(1.00 KM (one side) ADP No.1904 (2015-16), the petitioner after having complied with all codal formalities submitted his bid which was lowest, however, the respondents instead of issuing work order to the petitioner have verbally informed that the aforesaid NIT will be re-advertised for the same work without canceling the present tender, as per Rule 25 of SPPRA Rules 2010, as such stance of the respondents and refusal to issue work order is illegal and based on malafides as respondents intend to award such contract to man of their own choice.
Since, we have already passed orders in cases relating to dispute covers under SPPRA Rules 2010, directing the petitioners to avail such remedy before concerned procuring authority under the law, we will dispose of the instant petition with direction to the petitioner to approach concerned procuring authority with request to issue work order pursuant to aforesaid tender, if he is legible and lowest bidder or in case of cancellation of such tender to communicate the reasons in terms of Rule 25 of SPPRA Rules 2010.
Accordingly, instant petition is disposed of in above terms along with listed applications. However, petitioner shall be at liberty to seek remedy in case of any violation by procuring agency, in accordance with law.
JUDGE
JUDGE
Suleman Khan/PA