ORDER
SHEET
IN THE
HIGH COURT OF SINDH BENCH AT SUKKUR
C. P.
No. D – 1695 of 2018
Date of hearing |
Order with signature
of Judge |
1. For orders on office
objection
2. For hearing of CMA
No.8768/2018
3. For hearing of main
case
07.11.2018
None present for the petitioner.
Mr. Noor Hassan Malik Assistant Advocate
General Sindh.
................
In
this petition, apparently, a work order was issued somewhere in June 2008 and
it was rescinded by the officials as there was unexplained delay in the
construction of the road. The question of maintainability was raised on the
last date of hearing as not only the petitioner raised grievance regarding payment
in terms of prayer clause B but also there was inordinate delay in the
construction as the work order claimed to have been issued in the year 2008 and
this petition has been filed in the year 2018. Even otherwise on account of
contractual obligation the Hon'ble Supreme Court has already passed a judgment
in the case of Province of Sindh through its Secretary, Works and
Services Department, Government of Sindh and others V/S Abdul Sattar Arbani, C. P. No.654-K of 2018 that such
contractual obligation cannot be entertained in writ jurisdiction. The
respondents have seriously denied any work of construction under any work order
issued by the respondents. The petition, as such in view of the above, is dismissed.
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J U D G E
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J U D G E
N.M.