Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Standard Contract Agreement for Procurement of Work, Para 7, cl. 5A (vide Notification No.SOG/ WS/11-129/2005 dated 30-6-2005) Constitutional jurisdiction of High Court---Public procurement/tenders---Disputed questions of fact---Scopes, who were public contractors, sought that direction be given to Provincial Communication and Works Department to pay them escalation amount for increased costs after completion of project---Validitys had not been granted extension of time for completing of project, and it was difficult for High Court to determine whether or not fault for late completion of works was of the petitioners and determination of such question required factual inquiry which was beyond scope of jurisdiction of High Court under Art. 199 of Constitution---Constitutional petition being not maintainable, was dismissed, in circumstances. 1986 SCMR 1096; 1998 SCMR 2268; 2005 SCMR 678; PLD 2010 Lah. 404; 1999 SCMR 121; 2000 PTD 478 and 2001 MLD 18 ref. Ahmad Developers v. Muhammad Saleh 2010 SCMR 1057; Suo Motu Case No.13 of 2007 PLD 2009 SC 217; Sardar Naseer Ahmad Mooiani v. Chief Executive/Chief Secretary Government of Baluchistan Quettta 2007 SCMR 105; Akcom Limited and others v. Federation of Pakistan and others PLD 2011 SC 44 and Project Director, Balochistan Minor Irrigation and Agricultural Development Project Quetta Cantt: v. Messrs Murad Ali and Company 1999 SCMR 121 rel. JUDGMENT WIQAR AHMAD, J.s have filed the instant constitutional petition after feeling aggrieved from denial of respondents in paying them the escalation amount. 2. Respondent No. 5 i.e. Deputy Director Works and Services Department Dir Lower at Timergara had invited tenders for a number of projects through a consolidated adverlisement published in daily newspaper on 13.03.2007. Contract for one of the work i.e. improvement and black topping of Asbarn Bambolai Road three (03) kilometers in length had been given to an association of persons formed by petitioners and known as Messrs Shah Company. The estimated period for completion of work was 18 months after getting work order. Work order was issued to petitioners on 11.05.2007. Petitioners…

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