2009 PLP 1757 (YLR)
Rana MUHAMMAD SHER — Petitioner Versus GOVERNMENT OF PUNJAB-Respondent
| Citation | 2009 PLP 1757 (YLR) |
| Forum / Court | Lahore |
| Bench Members | M.A. Zafar, J |
| Parties | Rana MUHAMMAD SHER — Petitioner Versus GOVERNMENT OF PUNJAB-Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2009 PLP 1757 (YLR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 1757 (YLR)?
The case was heard and decided by the Lahore bench comprising: M.A. Zafar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1757 (YLR) (Rana MUHAMMAD SHER — Petitioner Versus GOVERNMENT OF PUNJAB-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Art.199
Constitutional petition
Claim for payment of amount for work done by the petitioner
Petitioner had prayed for payment of amount for work done by him as contractor
Parawise comments submitted by the department revealed that the petitioner did not execute agreement with the department on judicial paper regarding terms and conditions of the contract; and petitioner even had failed to produce completion certificate/clearance by Audit department and that bill of the petitioner would be considered after the fulfilment of said requirements
Petitioner did not fulfil the legal requirements
Petitioner was repeatedly called, but no one was present on his behalf in the Court
High Court in its constitutional jurisdiction could not adjudicate upon the disputed question of facts in view of comments submitted by the department, and controverting assertions of the petitioner made in the constitutional petition. Nemo for the Petitioner. Syed Shahid Hussain Kazim, A.A.-G.
Judgment & Decree
M.A. ZAFAR, J.
Rana Muhammad Sher the present petitioner who is Government Contractor and having his own construction company under the name of "Sher Construction Company" has filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973 with the following prayer:-- "Under the circumstances, it is respectfully prayed that the direction may graciously be issued to the respondents to make the payment of Rupees 16,83,000 to the petitioner pending against the work done. It is further prayer that any other relief which this Honourable Court deems fit may also be awarded."
2. According to the averments of the petition petitioner being Government Contractor submitted tenders as per respondents' requirements which were duly accepted by respondent No.3 vide work order dated 13-8-1996 for the work amounting to Rs.5,15,000 and another work order of the same date for the amount of Rs.14,85,000.
3. Report and parawise comments were called for from respondents Nos. 2 and 3 vide dated 30-6-2006 which have been filed by them. According to the comments submitted by respondent No.3, petitioner inter alia did not execute agreement with the Department on a judicial paper regarding terms and conditions of the contract and even failed to produce completion certificate/clearance by the Audit Department. It is further stated that the bill of the petitioner will be considered after fulfillment of aforesaid requirements but the petitioner did not fulfil the legal requirements.
4. Petitioner has been repeatedly called. No one is present on behalf of the petitioner. In view of the comments submitted by the respondents Nos. 2 and 3 controverting assertion of the petitioner made in the writ petition, this Court in its Constitutional jurisdiction cannot adjudicate upon the disputed question of facts. Therefore, the present petition is dismissed. H.B.T./M-176/L Petition dismissed.