| Citation(s) |
|---|
| 2019 SLG 811 2019 SLD 811 2019 CLC 583 |
Sindh High Court
Constitution Petition No. D-1802 of 2017, decision Dated: 12-08-2017. Hearing Dated: 31st July and 03-08-2017.
MUHAMMAD SHAFI SIDDIQUI, JUSTICE MUHAMMAD FAISAL KAMAL ALAM, JUSTICE
Petitioner(s) by: Haider Waheed and Shah Zeb Akhtar
Respondent(s) by: Munir-ur-Rehman, Masroor Ahsan and Dhani Bux
Constitution Petition No. D-1802 of 2017, decision Dated: 12-08-2017. Hearing Dated: 31st July and 03-08-2017.
MUHAMMAD SHAFI SIDDIQUI, JUSTICE MUHAMMAD FAISAL KAMAL ALAM, JUSTICE
Petitioner(s) by: Haider Waheed and Shah Zeb Akhtar
Respondent(s) by: Munir-ur-Rehman, Masroor Ahsan and Dhani Bux
PREMIER BATTERY INDUSTRIES (PVT.) LTD.
VS
KARACHI WATER AND SEWERAGE BOARD AND ANOTHER
Law: Constitution of Pakistan, 1973
Section: 199
Law: Sindh Public Procurement Rules, 2010
Section: R.15-A,17,17(3)(3-C)(6),18,73,74
(a) Constitution of Pakistan--- ----Art. 199---Writ of certiorari---Scope---Petitioner does not have to show his locus standi for maintaining petition for writ of certiorari---Primarily, petitioner acts as an informer/relator---Exception to such principle is that such informer should neither have a personal interest nor any other motive regarding which a writ of certiorari sought to be issued. (b) Sindh Public Procurement Regulatory Authority Rules, 2010--- ----Rr.15-A, 17, 18, 73 & 74---Constitution of Pakistan, Art. 199---Constitutional petition---Locus standi---Petitioner had not participated in bidding process and assailed Public Notice and bidding process without fulfilling any of the conditions mentioned in the Public Notice---Validity---Petitioner had commercial motive that entire process should be started afresh--- Once the procuring authorities started bidding/ tendering process, provisions of Rr. 17(3) & 18 of Sindh Public Procurement Regulatory Authority Rules, 2010, would be applicable and such stage was a subsequent one and had not reached---Petitioner did not have any locus standi to assail procurement process, as it did not even participate in first stage of the process by submitting Expression of Interest---Public Notice in question did not violate any of the provisions of Sindh Public Procurement Regulatory Authority Rules, 2010---Basic information according to R. 73 of Sindh Public Procurement Regulatory Authority Rules, 2010, contained about subject project, eligibility of participants, date of purchase of Expression of Interest document and the same could also be down loaded from Sindh Public Procurement Regulatory Authority website and last date of submission also---Constitutional petition was dismissed in circumstances. THIS ORDER PASSED BY: MUHAMMAD FAISAL KAMAL ALAM, J.- Through instant Constitutional Petition, the Petitioner Company [Premier Battery Industries (Pvt.) Ltd.] has called in question the 'Public Notice' dated 08.02.2017 issued by the Respondent No.1-Karachi Water and Sewerage Board (KW&SB), inviting expression of interest [E.O.I] for the Development of a Power Project at KW&SB/Respondent No.1 Dhabeji Pumping…
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