Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional jurisdiction of High Court---Scope--- Alternate remedy--- Contractual obligation---Factual controversy---Issue related to resolution of facts which required recording of evidence in order to ascertain whether the petitioner was entitled to any transportation charges etc. or not and if so then to what extent and under what circumstances---When the facts were alleged then the same must be proved through evidence and not through a constitutional petition---Issue raised by the petitioner-company having stemmed from contractual obligation and in the contract proper forum had been provided for the redress of the grievance of the petitioner, the controversy raised by the petitioner in that petition could not be resolved by the High Court under its constitutional jurisdiction---Constitutional petition was dismissed with the observation that the petitioner-company could avail his remedy before the proper forum. JUDGMENT LAL JAN KHATTAK, J.---Messrs Khurasan Construction Company through the instant writ petition under Article 199 of the Constitution of Pakistan, 1973 has prayed this court for Issuance of an appropriate writ for directions to the respondents in the following manner:-- "(a) That payment for the carried earth work may kindly be made under schedule item No.3-61/c, and payment for its transportation may also be made under item No.03017/a,03-18/a,03-18/b and 03-18/c, that are fully applicable in the circumstances for the transportation of borrow excavation earth beyond the lead of 1.5 to 8 KM. (b) That payment for providing and laying of granular sub base course may kindly be made under the Schedule Item No.16-3/a and payment for its transportation may also be made under schedule item No.01-01/c, 01-01/f, 01-­01/g, 01-01/h, that are fully admissible in the situation for the transportation of granular sub base course beyond the lead of 100 KM. (c) That the unlawfully demanded amount of Rs.19,00,000.00 (rupees nineteen lacs only) as 8% additional earnest money may kindly be refunded to KCC as the same is definitely against the rules and regulations of Pakistan Engineering Council. (d) 20 of Premium over…

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