Case Details

Citation(s)
2014 SLG 823 2014 SLD 823 2014 MLD 1835
Peshawar High Court
Writ Petition No. 194-P with C.M. 59-P of 2013, decided on 24-01-2013.
MRS. IRSHAD QAISER, JUSTICE
Nasir Khan for Petitioner.

A.A. ASSOCIATES THROUGH MUHAMMAD NAWAB KHAN

VS

GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY AND ANOTHER

Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Firm providing construction and engineering services to Provincial Government---Irregularities in work---Cancellation of contract and imposition of penalty---Whether justified---Factual controversy---Highly technical and factual controversy was involved in the matter, which required recording of evidence and spot inspection through qualified expert by appointing Commission, which was neither the function of the High Court nor permissible in its constitutional jurisdiction---Constitutional petition was dismissed and the petitioner-firm was advised to approach the civil court for redressal of its grievance. THIS ORDER PASSED BY: DOST MUHAMMAD KHAN, C.J.--- The petitioner was hired by the consultancy firm for the following projects:-- (i) Rural and Urban Highways; (ii) Various types of projects/flyovers (more than 350 Nos); (iii) Cement Plants; (iv) Taxtile Spinning, Weaving and Finishing Units; (v) Chemical and Phamiaceutical Factories; and (vi) Steel making and Rolling Mills. 2. On one Project work commenced, however, neither pavement nor alignment over the construction work was made, according to the…
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