ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Const. Petition  No.D-1706 & 1707   of 2011

DATE	ORDER WITH SIGNATURE OF JUDGE

For Katcha Peshi.

27.9.2012

Mr. Inayatullah G. Morio, advocate for the petitioner in both petitions.

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

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            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 30 days from today.

            Petition stands disposed of in the above terms.

                                                                                                Judge

                                                            Judge