Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Civil suit, filing of---Petitioner, a contractor was blacklisted by authorities and the order was assailed before High Court whereas a civil suit for recovery of damages was also filed---Plea raised by authorities was that petition was not maintainable as petitioner had filed a civil suit---Validity---Petition before High Court was filed earlier in time, disclosure of petition was made in the plaint and no declaration with regard to blacklisting had been sought in the suit---Filing of suit did not disentitle petitioner from approaching High Court in its constitutional jurisdiction for enforcement of fundamental rights---Petition was maintainable in circumstances. Budhu Shah v. Chief Administrator Auqaf 1991 CLC 1445 distinguished. (b) Constitution of Pakistan--- ----Arts. 18 & 199---Constitutional petition---Right of business---Blacklisting of a contractor---Petitioner was a manufacturer of electric cables and conductor etc. and authorities 'blacklisted the petitioner on account of breach of contract and failure to supply material on time---Plea raised by petitioner was that such reasons were not a sufficient cause to necessitate blacklisting and circulation of letter of blacklisting had infringed Fundamental Right of carrying on lawful business guaranteed by Art.18 of the Constitution---Validity---Registration procedures that had been relied upon by both sides, which permitted different actions to be taken against delinquent firms, including blacklisting, removal and placing of embargo---Blacklisting could only be resorted to after obtaining approval of Registration Committee---Authorities did not file any document to show that Registration Committee was constituted to consider blacklisting the petitioner and had granted an opportunity of hearing to petitioner before passing order approving blacklisting---Reasons stated by authorities in the letter for blacklisting the petitioner did not come within any of the categories listed in Registration Procedures---Petitioner manufactured cables and conductors which were mostly used by power generating and distribution…

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