MUHAMMAD SHAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA art — 2021 YLR 736 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 736 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: MUHAMMAD SHAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA art
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD SHAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA art. 199---Standard Contract agreement for Procurement of Work, Para 7, cl. 5a (vide Notification No.SOG/ W&S/11-129/2005 dated 30-6-2005) Constitutional jurisdiction of High Court---Public procurement/tenders---Disputed questions of fact---Scope---Petitioners, who were public contractors, sought that direction be given to Provincial Communication and Works Department to pay them escalation amount for increased costs after completion of project---Validity---Petitioners had not been granted extension of time for completing of project, and it was difficult for High Court to determine whether or not fault for late completion of works was of the petitioners and determination of such question required factual inquiry which was beyond scope of jurisdiction of High Court under art. 199 of Constitution---Constitutional petition being not maintainable, was dismissed, in circumstances.

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