ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D – 1695 of 2018

Date of hearing

Order with signature of Judge

 

1.    For orders on office objection

2.    For hearing of CMA No.8768/2018

3.    For hearing of main case

 

 

07.11.2018

 

None present for the petitioner.

Mr. Noor Hassan Malik Assistant Advocate General Sindh.

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In this petition, apparently, a work order was issued somewhere in June 2008 and it was rescinded by the officials as there was unexplained delay in the construction of the road. The question of maintainability was raised on the last date of hearing as not only the petitioner raised grievance regarding payment in terms of prayer clause B but also there was inordinate delay in the construction as the work order claimed to have been issued in the year 2008 and this petition has been filed in the year 2018. Even otherwise on account of contractual obligation the Hon'ble Supreme Court has already passed a judgment in the case of Province of Sindh through its Secretary, Works and Services Department, Government of Sindh and others V/S Abdul Sattar Arbani, C. P. No.654-K of 2018 that such contractual obligation cannot be entertained in writ jurisdiction. The respondents have seriously denied any work of construction under any work order issued by the respondents. The petition, as such in view of the above, is dismissed.

 

 

 

 

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                                                                                                   J U D G E

 

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           J U D G E

 

N.M.