| Citation(s) |
|---|
| 2019 SLG 135 2019 SLD 135 2019 CLC 127 |
Peshawar High Court
Writ Petition No. 680-B of 2018, decision & hearing Dated: 05-09-2018.
ABDUL SHAKOOR, JUSTICE SHAKEEL AHMAD, JUSTICE
Petitioner(s) by: Muhammad Rasheed Khan Wazir
Respondent(s) by: Hazrat Syed Deputy Attorney General
Writ Petition No. 680-B of 2018, decision & hearing Dated: 05-09-2018.
ABDUL SHAKOOR, JUSTICE SHAKEEL AHMAD, JUSTICE
Petitioner(s) by: Muhammad Rasheed Khan Wazir
Respondent(s) by: Hazrat Syed Deputy Attorney General
MALIK MUHAMMAD JALIL
VS
FEDERAL SECRETARY FOR DEFENSE, ISLAMABAD AND 7 OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Contractual obligation---Scope---Contractual rights, commitments, undertaking and obligations have 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 being suit for contractual rights and obligations was to be availed instead of filing petition under Art. 199 of the Constitution. Ashraf Ali Akanda v. Abdul Awal, Deputy Magistrate and Special Officer (Aboriginal) Net-rokona Camp and others PLD 1968 Dacca 962 rel. Millat Tractors and others v. Government of Pakistan PLD 1992 Lah. 68; Ahmad Hassan v. Pakistan Machine Tools Factory 1990 CLC 2007; Pakistan Mineral Development Corporation v. Pak WAPDA PLD 1986 Quetta 181; Sufi Muhammad Ramzan, Contractor, Municipal Committee, Mianwali v. Secretary, Local Government and Rural Development Department, Punjab, Lahore and 2 others PLD 1987 Lah. 262; Nizamuddin and another v. Civil Aviation Authority and 2 others 1999 SCMR 467; The State of Pakistan v. Mehrajuddin PLD 1959 SC (Pak) 147; Raghvendra v. State of Vindhuja Pradesh AIR 1952 Vindh Pradesh 13; Muhammad Din and Sons Shahdara Mills, Lahore v. The Province of West Pakistan and 5 others PLD 1969 Lah. 823; Ahmad Hassan v. Pakistan Machine Tools Factory 1990 CLC 2007; Muzaffar ud Din v. Chief Settlement Commission 1968 SCMR 1136; The Chandpur Mills Ltd. v. The District Magistrate Tippera and (2) The Province of East Pakistan PLD 1958 SC (Pak) 267; M/S. Momin Motor Company v. The Regional Transport Authority Dacca PLD 1962 SC 108 and Abdul Rahim v. Town Committee 1985 CLC 2805 ref. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, JUSTICE:---.--- By means of this constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner seeks indulgence of this Court to enforce contractual obligations arising out of agreement dated 28.11.2017. 2. The facts of the case, in short, are that vide agreement deed dated 28.11.2017, the petitioner entered into an agreement with the respondents for construction of a petrol…
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