ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Const. Petition No.D-1963 of 2011

DATE	ORDER WITH SIGNATURE OF JUDGE

For Katcha Peshi.

24.10.2012

Mr. Inayatullah G. Morio, advocate for the petitioner.

Mr. Mohammad Yakoob Dahani, State counsel along with Naimatullah XEN Provincial Highway, Shikarpur.

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The petitioner has filed this petition with the following reliefs:-

(a) That this Honourable Court may graciously be pleased to direct the Secretary Finance and respondent No.2&3 to made the funds available without further loss of time with the markup at the rate of 8% per annum for the period respondents have blocked the payment of Rs.4.93,695.00 to the petitioner after completion of the work.

(b) Award costs of this petition to the petitioner.

Notices were issued to the respondents as well as A.A.G. Comments have been filed by respondents No.3 and 4 which are available on record.

Mr. Inayatullah G. Morio, advocate for the petitioner submitted that another petition bearing No.1707/2011 having identical circumstances has already been disposed of by this Court vide order dated 27.9.2012, this petition may also be decided in the same way.

Mr. Naimatullah, Executive Engineer, Provincial Highway, Shikarpur is present in the Court. He does not dispute the factual position and stated that this petition may also be decided in the similar way as CP No.D-1707/2011 has been decided.

Mr. Mohammad Yakoob Dahani, learned State counsel conceded. However, Executive Engineer Provincial Highway, Shikarpur stated that time of 90 days may be granted for payment of the bills.

From the perusal of CP No.D-1707/2011 it transpired that following order has been passed by this Court:-

Petitioner was awarded contract of patch repair along M&R Thull Saifal Road to village Ali Gul Sarki Road by respondent No.2 vide Work Order dated 27.9.2007. The petitioner completed work and submitted his bills.

The petitioner has filed present petition with the following prayers:

(a) That this Honourable Court may graciously be pleased to direct the Secretary Finance and respondent No.2&3 to made the funds available without further loss of time with the markup at the rate of 8% per annum for the period respondents have blocked the payment of Rs.9.96,736.00 to the petitioner after completion of the work.

(b)Award costs of this petition to the petitioner.

(c)Any other relief available under the circumstances may also be granted to the petitioner.

In their comments, the respondents while replying para-3 of the petition stated as under :-

“ The verification of relevant record shows that the petitioner carried out the work and Assistant Engineer, Provincial Highway Sub-Division Kandhkot submitted the bill for payment to the then Executive Engineer, Provincial Highway Division, Larkana but payment was not make to the petitioner due to non –release of 4^th quarter of M&R allocation for the year 2007-08.”

While replying Para-6 of the petition the respondents stated as under:-

“The petitioner has been repeatedly informed that funds have been demanded and as and when the funds are received, he will be paid his bill.”

It appears that since 2007 respondents are deliberately and willfully avoiding to make payment of the work completed in the same year till this date. There is no denial of the fact and averments as mentioned in the comments filed by the respondents. Respondents are directed to make payment of outstanding amount of bills already submitted by the petitioner, with mark up at the rate of 8% percent from the date when the petitioner competed the work and submitted bills, within period of 90 days from today.”

Keeping in view the submissions made by learned counsel for the parties this petition is also decided in the terms of above mention petition. However, period of 90 days is allowed to XEN Provincial Highway, Shikarpur for payment of bills to the petitioner.

Petition stands disposed of in the above terms.

Judge