Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Determination of disputed questions of fact---Scope---Question before High Court related to rescission/termination of contract between a contractor and a Housing Authority (HA); and controversy related to whether petitioner was authorized to enter into contract on behalf of entity that was awarded the contract---Held, that disputed questions of fact were involved in the matter which required recording of evidence and could not be resolved in Constitutional jurisdiction of High Court and parties ought to either invoke jurisdiction of Civil Court or resort to dispute resolution provided by contract itself---Constitutional petition, being not maintainable, was dismissed, in circumstances. Khan Iftikhar Hussain Khan of Mamdot (Represented by 6 heirs) v. Messrs Ghulam Nabi Corporation Ltd., Lahore PLD 1971 SC 550 rel. ORDER MUZAMIL AKHTAR SHABIR, J.--- Through this constitutional petition, the petitioner has prayed as under:-- In view of the submissions made above it is prayed that the petition in hand be allowed and the impugned letter of termination of the contracts of the petitioner dated 03.07.2020 may kindly be declared illegal, against the law, against the facts, palpably wrong, unethical, unwarranted the same may graciously be set aside to meet with the ends of justice and possession of the petitioner be restored without further loss of time in the interest of Justice. 2. Learned counsel for the petitioner states that the petitioner was awarded Concession contracts by the respondents, which could not be terminated/rescinded unilaterally hence the impugned: order is liable to be set aside. On the other hand, learned counsel for the respondents have defended the impugned order dated 03.07.2020 whereby the Defence Housing Authority, Lahore (DHA) for project at Multan has rescinded Concession contracts dated 13th November 2017 and 9th March, 2018. 3. Parties have been heard in detail and the position that emerges is that Messrs Amir Rajput Catering Service Multan, a registered company entered into afore-mentioned contracts with the DHA, however, dispute arose later on as to…

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