Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Contractual dispute---Disputed questions of fact---Maintainability---Scope--- Petitioner sought enforcement of contractual obligations entered into between him and respondents---Validity---Contractual rights, commitments, undertakings and obligations had to be enforced through courts of ordinary jurisdiction which could not be interfered with by the High Court while exercising its constitutional jurisdiction---Normal remedy in such eventualities was a suit for enforcement of contractual rights and obligations---High Court could not go in deep investigation of disputed question of fact which necessitated taking of evidence---Such exercise could more appropriately be done in the ordinary civil procedure by filing a suit---Constitutional petition, being misconceived in facts and law, was not maintainable and was dismissed. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Disputed questions of fact---Scope---Extraordinary jurisdiction is primarily intended for providing an expeditious remedy in a case where the illegality of the impugned action of an executive or other authority can be established without any elaborate enquiry into complicated or disputed facts---Controverted questions of fact, adjudication on which is possible only after obtaining all types of evidence in power and possession of parties, can be determined only by courts having plenary jurisdiction in the matter. THIS ORDER PASSED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- Through instant petition, the petitioner has prayed for constitution of Joint Investigation Team (JIT) for holding inquiry/investigation in the matter of burning of record of Town Committee, Khipro. 2. Brief facts of the case are that in the year 2013, defunct Taluka Municipal Administration Khipro now Town Committee Khipro published various contracts of construction work, and the petitioner submitted his tenders papers for obtaining contract and on opening of tenders the petitioner was awarded with six contracts amounting to Rs.566,870/-; that after completion of above work and verification from concerned authorities the…

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