Case Details

Citation(s)
1995 SLG 552 1995 SLD 552 1995 SCMR 251
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 290 K of 1994, decision dated: 7-12-1994.
SAIDUZZAMAN SIDDIQUI AND MUKHTAR AHMED, JUNEJO, JJ
Usman Ghani Rashid, Advocate Supreme Court and Imtiaz M. Khan, Advocate on-Record. Nemo

M/s. MUHAMMAD HUSSAIN AND LALA RAM

VS

M/s. MUMTAZ ALI AND BASHARAT ALI & Co., HYDERABAD and 2 others

Law:

Section:

Sindh Local Government Ordinance (XII of 1979) S. 45 Constitution of Pakistan (1973), Art. 185(3) Contract for collection of Octroi tax Petitioner's bid for such contract was accepted Respondent's Constitutional petition against awarding of contract in favour of petitioners was admitted for hearing resulting in suspension of said contract Validity -Supreme Court normally would not interfere with ad interim orders passed by High Courts Impugned order showed that so far as High Court was concerned, it had not taken any view either against petitioners or in their favour and scope for consideration of the matter had been left wide open ¬Leave to appeal was refused in circumstances. Islamic Republic of Pakistan Ministry of Railways v. Karachi Development Authority 1986 SCMR 1851; Mst. Bakhi v. Election Tribunal and others 1988 SCMR 1185; Multan Development Authority through its Director-¬General v. Muhammad Ramzan and 8 others PLD 1989 SC 629 and Lahore Municipal Corporation v. Barkat Ali and others 1989 SCMR 1116 rel. JUDGMENT MUKHTAR AHMED JUNEJO, J. The petitioners' bid in the sum of Rs.4,50,000 for collection of Octroi Tax of Deh 145 of Union Council Kangoro, Taluka Digri, District Mirpurkhas for the year 1994 95 was accepted under a letter dated 30 6 1994 issued by Government of Sindh, Local Government Department, addressed to the Director, Local Government, Mirpurkhas. This was against reserved price of Rs.3,34,650. In view of such acceptance respondent No.l, M/s. Mumtaz Ali and Basharat Ali & Co., filed Constitution Petition No. 1765/94 in the High Court of Sindh at Karachi for a direction to the Administrator, Union Council Kangoro (respondent No.3) to withhold and cancel the contract awarded to the petitioners. Said Constitution petition alongwith an application for interim stay came up before a learned Division Bench of High Court of Sindh, which passed the following order: "Inter alia, it is contented that the Government confirmed the offer of the said Muhammad Hussain and Lala Ram on 30 6 1994 accepting their bid in the sum of Rs.4,50,000 as against the offer of the present petitioner of Rs.10,00,000 which was received by the same Secretary earlier…
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