Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---.--- ---.----Ss. 43 & 44---.---Writ of mandamus, issuance of---.---Petitioner had sought direction of writ of mandamus against respondents to issue necessary 'taking over' certificate and release of guarantees executed by petitioner alongwith return of retention money---.---Contract was executed between petitioner and respondent Hydro-Electric Board whereby petitioner was to complete construction work of project in accordance with the period specified in the contract and-the specification under the supervision of NESPAK---.---Petitioner had executed performance guarantee which could only be released upon successful completion of work as per contract ---.---Respondent Hydro Electric Board in its meeting had decided that after obtaining opinion from NESPAK, taking over certificate in respect of project be issued to petitioner/contractor after obtaining necessary additional guarantee for the pending works to resolve issue amicably---.---One of the clauses of contract provided that it was 'NESPAK' which was to issue taking over certificate and not the respondent Hydro-Electric Board---.---Directive given in meeting of respondent Hydro¬ Electric Board to issue taking over certificate being qualified with opinion of 'NESPAK', unless opinion favourable to petitioner from 'NESPAK' was obtained by the petitioner, respondent Board could not issue taking over certificate-- -Neither it was resolved in meeting of respondent Hydro-Electric Board that petitioner/contractor had completed remaining work of project nor any certificate had been issued by ' NESPAK' in that connection---.---In absence of any material suggesting completion of remaining work by petitioner or at least availability of additional guarantee to complete balance work, writ of mandamus could not be issued against respondents---.---Project was of national importance and any remaining work, as pointed out by NESPAK, could prove critical to the project and, it could entail ultimate failure. Messrs Airport Support Services v. Airport Manager, Quaid-e¬-Azam International Airport, Karachi and others 1998 SCMR 2268; Jawad Hussain Jafri v.…

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