ORDER SHEET
IN THE HIGH COURT OF SINDH,
CIRCUIT COURT, HYDERABAD.
C.P No.D-706 of 2014
DATE ORDER WITH SIGNATURE OF JUDGE
For katcha peshi.
21-04-2015.
Mr. Muhammad Hashim Laghari advocate for petitioner.
Mr. Allah Bachayo Soomro, Additional A.G. Sindh along with Masood Ahmed Seehar, Executive Engineer.
The petitioner is a government contractor who carried out works of Irrigation Department in respect of Drainage Division, Badin during the rain flood and emergency 2011. He has prayed for directions against the respondents to pay Rs.22139890/- for the wok assigned to him, which has been successfully completed but due to non-payment of dues, the petitioner is suffering from hardship.
On 22-10-2014, the learned Additional A.G. filed the comments of Executive Engineer, Drainage Division, Badin and in response to paragraph-3, he admitted that the works were carried out and the bills were received from the contractor which were passed by the then Executive Engineer of Drainage and necessary funds were demanded from the government through Managing Director SIDA, but the required funds were not received from the Finance Department. He has further stated in the comments that the matter is pending in the Finance Department to release the funds on priority basis so that they may be enable to clear the dues of the petitioner.
Since the earlier Executive Engineer, who filed the comments was transferred so we issued notice to him. Mr. Masood Ahmed Seehar, Executive Engineer is present and confirms the signing of comments by him and again he repeated that the payment was not paid due to non-availability of the funds. The similar comments were filed by his successor on 01-04-2015, in which also it is also clearly stated that the delay was made due to non-availability of funds.
The learned Additional A.G. requests for four months for payment.
By consent, this petition is disposed of, with the directions to the respondents to pay the actual dues of the petitioner within four months positively.
JUDGE
JUDGE
A.C