Law:

Section:

(a) Constitution of Pakistan-------Art. 199---Constitutional jurisdiction of High Court---Scope---Recovery of dues---Enforcement of contractual obligation---Alternate remedy---Scope---Petitioner's claim was partially admitted by the authorities---Alternate remedy of suit was not in line with principles of equity and good conscious for simple reason that it would not be legally justified to force the petitioner to file a suit for recovery of dues which otherwise were admitted---Liability to make payment, being admitted it had become a "legal right" which was enforceable under the law, therefore, dismissal of the constitutional petition on sole technical ground would not be within the spirit of law, which was meant to rescue the rights of individuals and not to technically knock them out---Contractual obligation could not be enforced in constitutional jurisdiction, and it was not proper to use the sword of technicality for alternate remedy of filing a suit for recovery of amount after about four years in presence of admission of authorities regarding the claim of the petitioner---Authorities were directed to clear the admitted claim only and for the remaining disputed amount and interest thereupon, the petitioner was directed to approach the Civil Court for redressal of his grievance---Constitutional petition was allowed in the said terms. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Dismissal of the constitutional petition on sole technical ground would not be within the spirit of law, which was meant to rescue the rights of individuals and not to technically knock them out---Technicalities could not be used as a sword for alternate remedy after about four years when there was admission of Authorities regarding the claim of litigant. ORDER SALAHUDDIN PANHWAR, J.--- Through instant Petition, Petitioner has invoked Constitutional jurisdiction of this Court and has prayed as under:--- (a) to direct the respondent No.1 to make payment of total POL charges/dues amounting to Rs.2,54,056 outstanding against him, to the petitioner, without loss of further time; (b) to direct respondent No.2 to make payment of entire…

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