Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Contractual matter---Constitutional petition---Maintainability---Alternate remedy available---Effect---Contract in favour of petitioner was rescinded---Petitioner earlier filed constitutional petition which was disposed of with the direction to the authorities to decide the issue in accordance with law after providing proper hearing to all concerned including the petitioner---Authorities refused to commence the arbitration proceedings in the matter---Contention of petitioner was that rescission of contract was illegal and subject matter be referred to the arbitrators---Validity---Contractual matters requiring factual inquiry could not be resolved through constitutional petition---Where contract had provided for a mechanism of settlement of dispute through arbitration and dispute was of factual nature then parties should follow the mechanism agreed for the resolution of disputes---Petitioner had an adequate alternate remedy in accordance with the agreed mechanism in the contract itself therefore, he could not invoke constitutional jurisdiction of High Court---Constitutional petition was not maintainable, in circumstances---High Court observed that petitioner might, if so advised, approach the competent forum for reference of matter to arbitration and for resolution of the same through mechanism as agreed between the parties---Constitutional petition was dismissed accordingly. Mumtaz Ahmed v. Zila Council, Sahiwal through Administrator and others 1999 SCMR 117 and Messrs Syed Bhais (Pvt.) Ltd. through Director v. Government of Punjab and 3 others PLD 2012 Lah. 52 rel. THIS ORDER PASSED BY: RASAAL HASAN SYED, J.--- This order will dispose of the Constitutional petition wherein letter dated 12.10.2018 of respondent No.3, letter dated 10.12.2018 of respondent No.2, letter dated 29.04.2019 of respondent No. 4 and letter dated 19.04.2019 of respondent No. 3 have been challenged. 2. Petitioner claims to be a government contractor registered with respondent No.1, who was granted contract/work through letter dated 27.05.2015 for Rs.512.518 million issued by respondent No.3. The work was later rescinded through letter dated…

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