ABDUL GHANI KHETRAN vs GOVERNMENT OF BALOCHISTAN through Secretary Irrigation Department R — 2022 CLC 781 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 CLC 781 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: CLC
Parties: ABDUL GHANI KHETRAN vs GOVERNMENT OF BALOCHISTAN through Secretary Irrigation Department R
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

ABDUL GHANI KHETRAN VS GOVERNMENT OF BALOCHISTAN through Secretary Irrigation Department R.12(1)(b)(c)---Constitution of Pakistan, Art. 199---Packaging / Merging of construction contracts--- Petitioner was a pre-qualified contractor and aggrieved of packaging / merging of construction of ten water dams in four districts into four contracts---Validity---Public exchequer was not to be made to suffer due to exercise of powers by public functionaries in arbitrary and unreasonable manner giving extra favour to one party at the cost of others--- Contracts carrying elements of public interest were to be just, fair, transparent, reasonable and free from any taint of mala fides and all such aspects were always open for judicial review by High Court in exercise of Constitutional jurisdiction under Art.199 of the Constitution on the touchstone of reasonableness, fair play, natural justice, equality and non-discrimination---High Court declared packaging / merging of construction of ten dams into four contracts by authorities as null, void and of no legal effect---High Court further declared pre-qualification summary prepared by authorities for ten dams of four districts packed / merged into four contracts as null, void and of no legal effect---High Court cancelled financial bids submitted by construction companies for ten dams of four districts packed / merged into four contracts, as the same had not been opened till then---High Court directed the authorities to issue notice inviting tenders / invitations to bid to all already prequalified construction companies to participate in bidding process for construction of ten dams as ten different projects---Constitutional petition was allowed accordingly. Head NotesCase Description

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