Law:

Section:

Constitution of Pakistan---Art. 199---Constitutional petition---Maintainability--- Alternate remedy---Contractual obligation--- Petitioner-company obtained contract through tender---Prayer of petitioner was for payment of escalation amount as per clause of agreement which he suffered due to price-hike in the construction material and increase in carriage charges---Validity---Arbitration clause existed in the agreement with regard to referring matters to the Superintending Engineer in case of any disagreement arising out of the contract and Superintending Engineer was to give his decision in writing not later than three months after reference was made to him---Said clause of agreement had provided forum to the parties to settle their disputes out of court through process of arbitration---Such was a forum where all the disputed matters would be discussed by recording pro and contra evidence by the experts---When agreement itself had provided forum for resolving a dispute, without availing such forum disputed questions of fact could not be placed before the High Court under its constitutional jurisdiction---High Court might issue writ only when facts were admitted and there was no alternate remedy to the aggrieved person---Neither facts of present case were admitted nor petitioner was divested of alternate forum for resolution of his grievance---Constitutional petition was not maintainable in circumstances---Petitioner might approach the department for arbitration as per clause of the agreement and if he opted for the same then Authorities were directed to proceed as per arbitration clause in accordance with law and merit---Constitutional petition was dismissed in circumstances. JUDGMENT LAL JAN KHATTAK, J.---Through this writ petition the petitioner has prayed for issuance of an appropriate writ for directions to the respondents to pay him escalation amount of Rs.32,30,000 along with interest. 2. Necessary facts giving rise to the present controversy are that the petitioner, being a government contractor, obtained a contract for the work "Restoration of flood damages in district D.I.Khan for "Katta Khel to Rehmani Khel Road for Rs.1,59,42,000 through tender duly…

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