Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Constitution of Pakistan, 1973

Section: 199

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)------S. 44---Writ petition---Maintainability---Contract between a private person and State or its subordinate functionaries---Disputed questions relating to factual inquiry arising out of such contract---High Court in such matter could direct public functionaries to act within limits of statutory authority---Principles. Messrs Wak Orient Power and Light Limited v. Government of Pakistan and 2 others PLD 1998 Lah. 665; PLD 1992 Kar. 283; Muhammad Ashraf Ali's case 1986 SCMR 1096 and Inpak Tech. Industries Pvt. Ltd. v. Government of Punjab 1998 MLD 1383 rel. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---General Clauses Act (X of 1897), S. 24-A---Writ petition---Construction contract---Lowest bid of petitioner accepted by authority, which allowed him to carry out work---Subsequent cancellation of such acceptance by authority for non-availability of funds and issuance of advertisement inviting fresh tenders for such project---Validity---Authority had issued subsequent advertisement against same amount without any change in specification of work---Petitioner had been deprived from award of such contract without hearing him---Authority had not given any reason while re-advertising project---Reasons must be based on objective approach and must be judicious, fair and just---Authority had deviated from their settled earlier practice, which had resulted in discriminatory treatment---Refusal of authority to issue formal work order and execute contract in petitioner's favour was arbitrary---Impugned act of authority was without lawful authority and of no legal effect---High Court accepted constitutional petition and directed authority to award such contract to petitioner in circumstances. Messrs Pacific Multinational Pvt. Ltd. v. Inspector-General of Sindh Police and others PLD 1992 Kar. 283; Messrs Dadabhoy Investments Pvt. Ltd. v. Federation of Pakistan and another PLD 1995 Kar. 33; Tariq Meer v. Azad Government and others 2009' CLD 803; AKLASC v. District Council Muzaffarabad and another PLD 2003 SC(AJK) 6; Messrs M.A. Khan and Co. v. Messrs Pakistan Railway Employees…

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