Law: Constitution of Pakistan, 1973

Section: 9,199

Constitution of Pakistan--- ----Art.199---Constitutional petition---Maladministration---Public decisions, withdrawal of---Effect---Petitioner was aggrieved of work stopped by authorities on widening/reconditioning of road project and sought directions from High Court to allow resumption of work---Validity---Authorities could not be absolved of their obligations merely by stating that sanctioned/approved public project was discontinued on account of some 'policy decision'---Once approval was given it was implied that officials while, approving subject project, deliberated upon same and after taking into account all aspects, including financial component, sanction was accorded---Proper financial regulations and management were not in place as subject project was discontinued after expanding Rs.5 million which was not a small amount and should have been accounted for---High Court declared that public exchequer could not be allowed to be misused in such manner and those responsible should be punished---Authorities conceded that subject road would be completed on availability of funds---Petition was allowed in circumstances. THIS ORDER PASSED BY: MUHAMMAD FAISAL KAMAL ALAM, J.---- Through present constitutional petition, petitioner who is a resident of village Dur Muhammad Pathan, Taluka Gambat, District Khairpur, has prayed for directions of this Court to officials/ respondents Nos. 1 to 6 to resume the work of the road leading from Ripri Regulator to new Indus Bridge via Bharo (approximately 13 kilometers long), the subject road. Mr. Sohail Ahmed Khoso, the learned counsel for the petitioner states that the subject road will not only be beneficial for the people of the locality, but it will also be useful for general public. He further submitted, as also pleaded in the petition, that the scheme for building the subject road was sanctioned way back on 03.01.2007 by respondent No.2 (Works and Services Department, Government of Sindh), vide sanction letter available at page 13, but after constructing 2 kilometers, the work was discontinued. In para-wise comments, the respondents have disputed the claim of the petitioner only to the extent that the present scheme with…

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