| Citation(s) |
|---|
| 2015 SLG 2181 2015 SLD 2181 2015 YLR 1850 |
High Court (AJ&K)
Writ Petition No. 24 of 2015, decided on 24th March, 2015
GHULAM MUSTAFA MUGHAL, C.J., M. TABASSUM AFTAB ALVI AND AZHAR SALEEM BABAR, JJ
Mushtaq Ahmed Janjua for Petitioner. Khalid Rasheed Chaudhry for
Respondents. Nemo for
Respondent
Writ Petition No. 24 of 2015, decided on 24th March, 2015
GHULAM MUSTAFA MUGHAL, C.J., M. TABASSUM AFTAB ALVI AND AZHAR SALEEM BABAR, JJ
Mushtaq Ahmed Janjua for Petitioner. Khalid Rasheed Chaudhry for
Respondents. Nemo for
Respondent
CHINA INTERNATIONAL WATER AND ELECTRIC CORP. (CWE) through General ManageRvsPOWER DEVELOPMENT ORGANIZATION, AZAD JAMMU AND KASHMIR through Secretary and 3 others
Law:
Section:
(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ petition---Invitation of bids---Successful bidder---Withdrawal of letter of acceptance---Petitioner was black-listed before execution of contract due to its misconduct---Petitioner had failed to challenge the vires of said order before appropriate forum to get rid of its effects which had attained finality---Petitioner (a company) had lost its credibility and confidence---Authorities were directed to re-tender the project and complete the same as soon as possible---Writ petition was dismissed in circumstances. Muhammad Khurshid and another v. Secretary Education Schools and 4 others 2011 SCR 175; Collector Federal Excise and Sales Tax and 4 others v. Messrs Hilton Tobacco Company (Pvt.) Ltd. 2011 SCR 93; Manzoor Begum v. Haji Fazal Ellahi 2012 YLR 2152; Azad Government and others v. Neelum Flour Mills Muzaffarabad 1992 SCR 381; A.K. Trading Corporation v. Messrs Z.H. Construction and 2 others PLD 1998 SC (AJ&K) 7 and AJ&K Government and 4 others v. Mohi-ud-Din Islamic University and 2 others 2014 SCR 282 ref. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ jurisdiction of High Court, invocation of---Scope---Writ jurisdiction of High Court could be invoked to enforce an obligation or duty vested in a public functionary or a statutory body performing function with regard to the affairs of the State or Local Authority. Javed Iqbal v. PASSCO and another 2004 CLC 478 and Government of Pakistan v. Messrs Shoaib Bilal Corporation and 2 others 2004 CLC 1104 rel. (c) Administration of justice--- ----No adjudication could be made in absence of necessary party. Mirza Lal Hussain v. Custodian of Evacuee Property and others 1992 SCR 214 and Kh. Ghulam Qadir and 5 others v. Divisional Forest Officer Demarcation and 3 others 1996 SCR 161 rel. (d) Pleadings--- ----Party could not be allowed to argue case against its pleadings. Azad Government and others v. Qamar-uz-Zaman Khan Niazi 1993 SCR 9; Muhammad Hussain v. Abdul Majid and others 1993 SCR 319 and Sheikh Javed Iqbal v. Muhammad Bashir and 5 others 2010 SCR 208 rel. JUDGMENT M. TABASSUM…