Law:

Section:

Constitution of Pakistan---.--- ---.---Art. 199---.--- Constitutional petition---.--- Maintainability---.--- Contractual liability---.--- Petitioner company was aggrieved of termination of contract by the authorities pertaining to supply of vehicles---.---Proper agreement was executed with specifications of vehicles to be supplied and there was a clause provided regarding any dispute and arbitration proceedings---.---No allegation was levelled of any mala fide of government department nor petitioner disputed flaws so pointed out by Technical Committee/Inspection Teams, in their presence---.--- Such contractual rights and obligations were to be enforced through courts of ordinary jurisdiction---.--- High Court in exercising its Constitutional jurisdiction loathed to interfere in matters arising out of contractual obligations---.--- Normal remedy under law was a suit for enforcement of contractual rights and obligations specially in the circumstances when there was a report of technical mechanical nature---.--- High Court, in such situation, could not substitute its finding with that of technical/mechanical report of expert---.--- Routine contractual disputes between private parties and public functionaries were not open to scrutiny under Constitutional jurisdiction specially under circumstances when there was no allegation of ill-will or mala fide of public functionaries---.--- Only contracts carrying element of public interest, concluded by functionaries of State had to be just, fair, transparent, reasonable---.---Contracts tainted with mala fide were to be in certain cases, could be adjudicated and entertained in Constitutional jurisdiction---.--- If in every contractual matter, giving rise to enforcement of contractual obligations or a dispute which could be redressed through remedy available under the law, Constitutional petitions were entertained, then the same would defeat the very purpose of law under which competent courts were established and vested with jurisdiction under the law---.---Petition was dismissed in circumstances. Messrs Arshad and Company v. Capital Development Authority Islamabad through Chairman 2000 SCMR 1557; Fida Hussain and another…

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