ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT HYDERABAD.

C.P. No. D — 2132 of 2014.

DATE ORDER WITH SIGNATURE OF JUDGE

11.03.2015.

FOR ORDERS ON OFFICE OBJECTIONS.

FOR KATCHA PESHI.

FOR HEARING OF M.A. 13511/2014.

Mr. Pir Bux Bhurgari, Advocate for the petitioner.

Mr. Allah Bachayo Soomro, Addl. A.G. Sindh along with Mohammad Soomar XEN Drainage Division Sanghar and Shamsuddin Nizamani AXEN NJRP Sub Division Badin.

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The petitioner has prayed that directions may be issued to the respondents for making the payments of outstanding amount of the completed work.

The Executive Engineer Jamrao Division Mirpurkhas has submitted the comments and in response to para-12 it is clearly mentioned that presently no funds have been received from the Sindh Government. The payment will be made after receiving of funds. Similarly the Executive Engineer Drainage Division Sanghar has also submitted comments in which also he has admitted that the delay is made due to non-availability of fund and as and when the funds are received from Government of Sindh the payment will be made to the petitioner. The Executive Engineer Drainage Division Badin, has also submitted the comments in which it is also clearly stated that the funds have not been provided by the Government of Sindh and as and when the funds are received from Government of Sindh the payment will be made to the petitioner.

After examining all aforesaid comments it is clear that the respondents have admitted the liability of payment to the petitioner but the payment was delayed only for non-availability of funds and they have also promised in their comments that as and when the funds are released by the Government of Sindh the payment will be made to the petitioner.

The counsel for the petitioner submits that in view of comments the petition may be disposed of with certain directions to the said respondents for making payments.

The learned A.A.G. is also present who has submitted these comments of the respondents.

In view of the above this petition is disposed of with the directions to the respondents to make the admitted payment within ninety days as after admitting the liability in their comments there is no further justification to withhold the payment.

The copy of this order may also be transmitted to the Secretary Finance Government of Sindh.

Judge