Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. X199---Constitutional petition---Petitioner seeking issuance of writ of mandamus under Art. 199(1)(a)(i)---Essentials---Person praying for issuance of writ of mandamus, must, at least, have clear legal right to be performed by respondent of particular duty sought to be enforced---Such duty must have been manifestly defined, imposed or enjoined by law---Order in the nature of mandamus could not be issued to enforce contractual obligations which had not been allegedly settled between parties with their mutual consent---Petitioner would have no legal right to impose conditions of his own choice on respondent nor was he possessed of legal right to devise new mode of performance of functions by respondent---Prior to issuance of writ of mandamus to compel the other party to do something it must be shown that statute had imposed duty in that respect---Writ of mandamus could only be issued in respect of legal right--­Petitioner having no legal right would not be entitled to issuance of writ of mandamus. (b) Contract Act (IX of 1872)--- ----S.2(h)---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Writ of mandamus---Principles---Petitioner seeking to enforce contractual right and liability on terms devised by him and also casting duty on respondent to make alterations in proposed contract (tender) as devised by him ---Entitlement--­Another Constitutional petition in respect of same subject-matter was still pending adjudication in High Court and until its final decision another Constitutional petition was not legally maintainable---Petitioner was not legally clothed with right not vested in him, nor could he compel performance of right not yet coming into existence either in point of fact or law---Petitioner was bereft of such right from its inception---Where no statutory duty was involved nor any legal right was being enforced nor performance of public duty was being claimed writ of mandamus could not be issued. ORDER JAWAID NAWAZ KHAN GANDAPUR, J.---The petitioner has by this writ petition invoked the Constitutional jurisdiction of this Court to issue direction to the respondent:-- Firstly, to amend…

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