ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

C.P. D – 805 of 2014.

DATE ORDER WITH SIGNATURE OF JUDGE

22.04.2015.

FOR KATCHA PESHI.

Mr. Ayaz Hussain Tunio, Advocate for the petitioner.

Mr. Allah Bachayo Soomro, Addl. A.G. Sindh along with Habibullah Kaboon Executive Engineer Dadu.

Learned A.A.G. has filed comments of respondent No.2 which are taken on record. Copy has been supplied to petitioner counsel.

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The petitioners have prayed for direction against the respondents for clearing their outstanding dues of Rs.15,201,767/- and make payment to the petitioners for the services provided by them in flood fighting, labour, Hydraulic Excavator Machine, Materials, Buldozer, Taxi Jeep, Dumper, Tractor etc.

The comments of respondent No.3 are already on record in which it is stated that funds were not available, therefore, the department written a letter to the Secretary Finance Department for grant and issuing the funds and as soon as the funds are received the amount claimed by the petitioners will be paid to them. It is further stated in paragraph-8 of the comments that due to non availability of funds the payments could not be made.

On last date of hearing we directed the learned A.A.G. to call the comments of Secretary Finance Department Govt. of Sindh with specific statement whether amount of contract involved in this petition has been released to the respondents No.2 and 3.

Today the learned A.A.G. has filed comments of Additional Finance Secretary Finance Department Govt. of Sindh on behalf of respondent No.1 in which they have pointed out that three different heads of accounts under which payments were released to the Irrigation Department and in concluding paragraph it is stated that it is the responsibility of concerned Chief Engineer of Irrigation Department to clear the payments in respect of any contractual amount. Since there is clear admission of liability by the respondent No.3 and the Finance Department has also shown breakup of amount released to the Irrigation Department, this petition is disposed of with the directions to the respondents to make the payments to the petitioners from the available funds within a period of two (2) months after due verification of bills and record.

Judge