Law:

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Keywords: Result: Appeal Dismissed JUDGMENT: Raja Saeed Akram Khan, J.- The titled appeals by leave of the Court have been directed against the judgment of the High Court dated 28th March, 2016, whereby the writ petition filed by respondent No.1, herein, in both the appeals, has been accepted. Since both the appeals arise out of the same judgment, therefore, these are being disposed of through this single judgment. 2. Precise facts of the case are that the Executive Engineer Public Health Engineering Department through advertisements published in the newspapers invited tenders for construction of Greater Water Supply Schemes for district Neelum and Hattian Bala. The said advertisements were cancelled on 03.08.2015 and 17.08.2015. A consolidated advertisement on 22.08.2015, was later on issued calling for the tenders for above referred schemes. After necessary proceedings, the work was allotted to the appellant, Sardar Ilyas Alam Construction Company. Due to some complaints, an inquiry was ordered by the Chief Secretary through notification dated 06.10.2015, to scrutinize the tendering process. The said notification was later on withdrawn on 30.11.2015 and a fresh notification dated 16.12.2015 was issued for conducting the inquiry in the matter. Respondent No.1, herein, challenged the notifications dated 30.11.2015 and 16.12.2015, before the High Court by way of writ petition. The learned High Court while accepting the writ petition set aside all the proceedings conducting for awarding the contract for Improvement and Up-gradation of Water Supply Scheme, Authmuqam and Greater Water Supply Scheme, Hattian Bala vide impugned judgment dated 28.03.2016, which is the subject matter of these appeals by leave of the Court. 3. Raja Amjid Ali Khan, Advocate, the learned counsel for the appellants, in both the titled appeals argued that the impugned judgment is against law and the facts of the case which is not sustainable in the eye of law. He contended that respondent No.1, in support of the claim that he approached the concerned officials on 13.08.2015, and moved written application for obtaining the tender forms, however, the same have not been provided to him, failed…

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