| Citation(s) |
|---|
| 2016 SLG 2253 2016 SLD 2253 2016 YLR 998 |
Writ Petition No. 85 of 2014, decided & hearing on 26-03-2015.
MUHAMMAD ALAM AND YAR MOHAMMAD, JUSTICE
Amjad Hussain for Petitioners. Assistant Advocate General for
Respondents.
SULTAN MEHMOOD AND 7 others
VS
. PROVINCIAL GOVERNMENT THROUGH CHIEF SECRETARY G.B. GILGIT AND 5 OTHERS
Law:
Section:
Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009--- ----Art. 71(2)---Writ petition---Maintain-ability---Contractor---Completion of work---Contractual liability---Plea of Contractors was that government was delaying payments---Validity---Contractors had completed their different projects at different times---Amounts allegedly payable to the contractors were also different---Cause of action for each and every remedy was distinct and different---Amounts allegedly payable to the contractors was result of some works on projects completed by them---Such work had been done in compliance with some contracts entered into between the contractors and government---Contractors while entering into such contracts had accepted the mechanism of payments postulated in the contracts---Liability claimed by the contractors was contractual liability which needed to be proved and rebutted through evidence---Present writ petition was incompetent which was dismissed in circumstances, however contractors would be free to file suit for their claims against the government if law allowed so. THIS ORDER PASSED BY: MUHAMMAD ALAM, JUSTICE:----------- Petitioners have sought the following directions against respondents through this writ petition:-- "It is therefore, humbly prayed that, 1. Respondents may be directed to act, without any discrimination with the petitioners and ordered to pay mature liabilities of peti-tioners without any further delay. 2. That respondents may be directed to explain the reasons for surrender of huge amounts of the budget 2013-14, being unutilized from the Treasury of the Govt. of GB to Treasury of the Govt. of Pakistan and also issue directives restraining the respondents from future surrenders of amounts of the GB Treasury, being unutilized to the Treasury of the Govt., to meet the ends of justice. 3. That the respondents may kindly be restrained to adopt the discriminatory pick and choose policy for the payment of liabilities of Govt. Contractors. 4. Any other relief which this Hon'ble Court deems fit and proper. 2. Petitioners are admittedly Govt. Contractors and have worked for respondents on different projects at different times. Petitioners…
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