Case Details

Citation(s)
2021 SLG 1494 2021 SLD 1494 2021 YLR 867
Sindh High Court
Constitutional Petition No. D-6168 of 2020, decided on 26th January, 2021.
MUHAMMAD SHAFI SIDDIQUI, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
Zakir Hussain Bughio for Petitioner. Waleed Khanzada for KW&SB.

SARDAR ABDUL HAMEED

VS

PROVINCE OF SINDH THROUGH SECRETARY, LOCAL GOVERNMENT, KARACHI AND 17 OTHErs

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Constitutional petition in respect of award of contract by Water and Sewerage Board for water hydrants, for sale to general public and other commercial sales---High Court directed the Water and Sewerage Board to adhere to their rules regarding individual contractors of different hydrants and ensure no such rules were violated---Constitutional petition was disposed of, accordingly. Muhammad Rafique Sia v. Province of Sindh and others 2016 CLC 170 rel. ORDER The petitioner has filed this petition, restraining respondents Nos.2 and 3 in respect of six official hydrants that the contractors shall take into account all the rules required to be adhered in respect of supplying water either to the general public or on commercial basis. Petitioner is not a successful bidder and the tenders in respect of all those hydrants have been awarded to individual contractors who have their independent tankers to cater the requirement in terms of the rules. The water to the general public is being supplied through an app on the basis of which requirement is being made, whereas the official supply is also being made through these contractors, hence the petitioner does not fit in insofar as the arguments of learned counsel for the petitioner that he has been deprived to fill the tanker from the concerned hydrant, is concerned, as he is neither a successful bidder nor a contractor to fill his independent and own tanker to supply the water according to his desire and demands. These contracts have been awarded to the contractors and the terms are required to be adhered by the contractors. However, Mr. Waleed Khanzada, learned counsel for KW SB submits that all rules required in this regard are being implemented in the letter and spirit and in case KW SB finds that any of their contractor is violating any rule including the requirement of the tanker in terms of capacity of tanker, it may…
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