2021 PLP 1393 (MLD)
SHER KHAN PAHORE — Petitioner Versus EXECUTIVE ENGINEER HIGHWAYS DIVISION, JACOBABAD and 3 others — Respondents
| Citation | 2021 PLP 1393 (MLD) |
| Forum / Court | Sindh (Larkana Bench) |
| Bench Members | N/A |
| Parties | SHER KHAN PAHORE — Petitioner Versus EXECUTIVE ENGINEER HIGHWAYS DIVISION, JACOBABAD and 3 others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2021 PLP 1393 (MLD)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 PLP 1393 (MLD)?
The case was heard and decided by the Sindh (Larkana Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 PLP 1393 (MLD) (SHER KHAN PAHORE — Petitioner Versus EXECUTIVE ENGINEER HIGHWAYS DIVISION, JACOBABAD and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Afzal Jagirani holds brief of Sarfraz Khan Jatoi for Petitioner.
- Leela@ Kalapna Devi, Addl. A.G. for Respondents.
Headnotes / Summary
Art.199
Constitutional petition
Enforcement of contractual obligations
Scope
Petitioner claiming himself to be a government contractor filed petition for recovery of money in respect of some work in the construction of roads allegedly done by him
Matter involved factual controversies needing evidence of the nature of establishing the enforceability of the contractual liabilities
Claim of money could be raised in appropriate proceedings before the court of competent jurisdiction, which could not be gone into while exercising constitutional jurisdiction under Art.199 of the Constitution
Constitutional petition was dismissed, in circumstances.
Judgment & Decree
Petitioner Sher Khan Pahore who claims himself to be contractor by profession, has filed his petition with the prayers as follows:- a) To issue a writ of mandamus directing the respondents to complete and finalize the contracts awarded to the petitioner for construction of two link roads and to carry out the measurement of work done and prepare the bills for the same and pay the amount in respect of work done with immediate effect and get the aforementioned two contracts complete in due time and pay the amount of above contract to the petitioner without loss of time. b) To issue a writ of cirtiorari requiring the respondents to produce the total Budget Allocation/Cost Estimate for the year 2015/16 and specifically for the contracts/work orders referred in this petition. c) To issue a writ of prohibition restraining the respondents from issuing any fresh contract/work order, before getting the running contracts/works completed and cleared and restrain the respondents from making any payment from the Budget Allocation for the year 2015/2016. d) Award costs. e) Any other equitable relief be granted to the petitioner.
2. The petitioner, who is claiming himself to be the Government Contractor, has filed this petition for recovery of money in respect of some work in the construction of roads allegedly done by him. This petition is pending since 15.10.2015 and after filing of this petition, the petitioner has not taken any interest in proceeding with the matter. Manifestly, this petition is not maintainable, for the petitioner through this petition seeks recovery of money in respect of some construction work allegedly done by him as a contractor without showing the amount, stating that more than 50% of the work was done by him and, the matter is involving factual controversies, needing evidence of the nature for establishing the enforceability of the alleged contractual liabilities and claim of money in appropriate proceedings before the court of competent jurisdiction in accordance with law, which cannot be gone into the Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. In such view of the matter, this petition is liable to be dismissed. These are the reasons of short order announced by us on 23.10.2019, whereby this petition was dismissed. SA/S-62/Sindh Petition dismissed.