Law: Civil Procedure Code (V of 1908)

Section: 1

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code (V of 1908)--- ----O.XXIII, R.1---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Alternate remedy---Proceedings before Civil Court---Withdrawal of proceedings---Effect assailed proceedings of tender floated by authorities---Earlier the matter was assailed before High Court in other province but the proceedings were withdrawn---Subsequently matter was laid down before Civil Court, which after interim order was challenged before Lower Appellate Court who struck down the injunction order so rendered by Civil Court---Such order of Lower Appellate Court led the path for authorities for withdrawal of Award Certificate with direction to leave premises and let petitioner to apply a fresh participant in fresh bidding process--- Validity---Provisions of O.XXIII, R.1, C.P.C. excluded a person from instituting a fresh suit in respect of same subject matter--- High Court declined to interfere in the matter by entertaining Constitutional petition when on the same point civil suit was pending--- Constitutional petition was dismissed, in circumstances. 1999 SCMR 2380 and 2000 SCMR 238 rel. Waqas Ahmad Aziz for Petitioner. Qazi Babar Irshad, DAG, along with Noor Khan for Official Respondent. hearing date: 2nd March, 2022. JUDGMENT ABDUL SHAKOOR, JUSTICE:---.--- -Through the instant writ petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, petitioner has prayed for the following relief:- “Keeping in view the facts, circumstances, and relevant legal submissions, it is requested that the impugned Tender dated 27.07.2021 (published on 29.07.2021) and the Impugned Withdrawal Letter dated 05.08.2021, may kindly be declared illegal, unlawful, per incuriam, against the applicable law and judicial principles, thus resultantly be set-aside. It is further prayed that the Respondents be directed to hand over the charge of work back to the Petitioner. As ad-interim relief, while suspending the Impugned Withdrawal Letter dated 05.08.2021, the Respondents be directed to hand over the charge of work to the Petitioner, till the final adjudication of the instant petition. Any other relief deemed appropriate…

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