Case Details

Citation(s)
2023 SLG 183 2023 SLD 183 2023 CLC 155
Peshawar High Court
Writ Petitions Nos. 350-P and 351-P of 2022, decided on 17th February, 2022.
LAL, JAN KHATTAK AND KAMRAN HAYAT MIANKHEL, JJ
Barrister Qamar Hussain Sabzwari for Petitioner. Muhammad Sohail, A.A.G. for
Respondents Nos.1 to 4. Aamir Javed for
Respondent No.5.

Messrs RIAZ SONS through Director Operations

VS

SECRETARY, COMMUNICATION AND WORKS DEPARTMENT, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR and 5 others

Law: Khyber Pakhtunkhwa Public Procurement Regulatory Authority Act, (XI of 2012)

Section: 35

(a) Khyber Pakhtunkhwa Public Procurement Regulatory Authority Act (XI of 2012)--- ----S.35---Khyber Pakhtunkhwa Public Procurement Grievance Redressal Rules, 2017, R.6---Grievance petition---Limitation---Petitioner company was aggrieved of bidding process and order passed by Grievance Redressal Committee dismissing the complaint---Validity---If a procuring entity failed to decide complaint within the stipulated time period, which was eight days as envisaged in R.6 of Khyber Pakhtunkhwa Public Procurement Grievance Redressal Rules, 2017, an aggrieved bidder could file appeal with the Authority--- Petitioner filed appeal after more than 3 months and 23 days, which appeal was rejected by Competent Authority---Appeal filed by petitioner was barred by time without any cogent and convincing reason for condonation of delay---High Court declined to interfere in the matter---Constitutional petition was dismissed, in circumstances. Haji Wajdad v. Provincial Government through Secretary Board of Revenue Government of Balochistan, Quetta and others 2020 SCMR 2046 and Khushi Muhammad through L.Rs. and others v. Mst Fazal Bibi and others PLD 2016 SC 872 rel. (b) Limitation--- ----Void order---Person who wants to impugn any order must do so within the limitation period and even if the order is void, he has to plead his knowledge and then prove the same through cogent and reliable evidence, so as to legally justify his claim. Haji Wajdad v. Provincial Government through Secretary Board of Revenue Government of Balochistan, Quetta and others 2020 SCMR 2046 rel. JUDGMENT KAMRAN HAYAT MIANKHEL, J.---This common judgment shall decide the instant as well as connected, VIP No.351-P/2022 titled “Messrs Riaz, Sons v. Secretary, CW Department, Peshawar and others” as common question of law and facts involved therein. Through these petitions, filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner has prayed for the following relief:- Prayer in WP No.350-P/2022 It is, therefore, most respectfully prayed that this Hon’ble Court may very graciously be pleased to: (a) Issue appropriate writ petition; (b) Declare that qualification of respondent No.6…
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