KAKAKHAIL TRADERS vs PROVINCE OF PUNJAB arts — 2025 PLD 630 LAHORE-HIGH-COURT-LAHORE

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

KAKAKHAIL TRADERS VS PROVINCE OF PUNJAB arts. 198 & 199---Lahore High Court (Establishment of Benches) Rules, 1981, R. 3---Benches of the (Lahore) High Court---Territorial jurisdiction, assigning of---Invoking constitutional jurisdiction of a Bench of High Court---Determination, criteria of---Petitioners/ companies were aggrieved of their disqualification to tender their bids at pre-qualification stage of public procurement of livestock (Cow and Buffalo Heifers) to a scheme namely "Livestock asset Transfer to Rural Women in South Punjab" ('the Scheme')---Petitioners had filed constitutional petitions before the Rawalpindi Bench of the Lahore High Court ('Rawalpindi Bench/Court')---Objection was raised regarding maintainability of constitutional petitions qua territorial jurisdiction of this (Rawalpindi)Bench/Court---Validity---In terms of art. 198(3) of the Constitution, the Bahawalpur, Multan and Rawalpindi Benches of the Lahore High Court are constitutionally constituted Benches with the area assigned to them under art. 198(6) of the Constitution---Said exercise is undertaken in accordance with the R. 3 of the Lahore High Court (Establishment of Benches) Rules, 1981 ('the Rules 1981'), which regulates the distribution of matters to be filed and heard by each Bench within the area assigned to it respectively---Thus, the matter-in-hand could not be entertained at the Rawalpindi Bench of the Lahore High Court merely because the addresses of the petitioners were at Rawalpindi and Islamabad---Since the subject matter of the titled petitions related to the Scheme for South Punjab and all related ancillary activities in respect of procurement in question were also carried out by the Livestock Department of South Punjab hence these petitions could not be adjudicated at Rawalpindi Bench of Lahore High Court---Constitutional petitions, falling beyond the territorial jurisdiction of this/Rawalpindi Bench of Lahore High Court, were dismissed, in circumstances. Citation Name: 2025 PLD 630 LAHORE-HIGH-COURT-LAHOREBookmark this Case KAKAKHAIL TRADERS VS PROVINCE OF PUNJAB art. 199---Punjab Procurement Rules, 2014, R. 14---Benches of the (Lahore) High Court---Territorial jurisdiction---Invoking constitutional jurisdiction of a Bench of the High Court---Determination, criteria of---Petitioners/companies were aggrieved of their disqualification to tender their bids at pre-qualification stage of public procurement of livestock (Cow and Buffalo Heifers) to a scheme namely "Livestock asset Transfer to Rural Women in South Punjab" ('the Scheme')---Petitioners had filed constitutional petitions before the Rawalpindi Bench of the Lahore High Court ('Rawalpindi Bench/Court')---Objection was raised regarding maintainability of constitutional petitions qua territorial jurisdiction of this (Rawalpindi) Bench/Court---Plea raised by the petitioners, against objection, was that the addresses of offices of the petitioners were located at Rawalpindi and Islamabad, thus cause of action had arisen at territorial jurisdiction of the Rawalpindi Bench/Court---Validity---Pertinently, all concerned official respondents (like the Director General, officers, members of grievance committee) relating to the Scheme belonged to concerned Department(s) of South Punjab (Bahawalpur), for the purpose to conduct proceedings under the Punjab Procurement Rules, 2014 ('the Rules 2014') i.e. issuing invitation of pre-qualification bids, entertaining grievances, conducting the procurement process of the Scheme and redressing the grievance of the bidders---It became apparent that neither the part of the cause of action had arisen in Rawalpindi nor the official respondents arrayed in present petition(s) against whom relief was sought, were situated in Rawalpindi, nor fell within the territorial jurisdiction of this (Rawalpindi Bench of) Lahore High Court and, thus, were not amenable to the jurisdiction of this Court---Constitutional petitions, falling beyond the territorial jurisdiction of this/Rawalpindi Bench of Lahore High Court, were dismissed, in circumstances. Citation Name: 2025 PLD 630 LAHORE-HIGH-COURT-LAHOREBookmark this Case KAKAKHAIL TRADERS VS PROVINCE OF PUNJAB Jurisdiction of Court---assumption/exercise of---Scope---Every Court prior to taking cognizance and adjudicating upon an issue should first resort to the question of assumption of jurisdiction of the Court and if it comes to the conclusion that jurisdiction can be assumed only then it can adjudicate upon the issue. Citation Name: 2025 PLD 630 LAHORE-HIGH-COURT-LAHOREBookmark this Case KAKAKHAIL TRADERS VS PROVINCE OF PUNJAB art. 199---Punjab Procurement Rules, 2014, R. 14---Benches of the High Court---Territorial jurisdiction, assigning of---Writ, issuance of---Scope---Principle of dominant jurisdiction---Petitioners/companies were aggrieved of their disqualification to tender their bids at pre-qualification stage of public procurement of livestock (Cow and Buffalo Heifers) to a scheme namely "Livestock asset Transfer to Rural Women in South Punjab" ('the Scheme')---Petitioners sought issuance of writ by the Rawalpindi Bench of the Lahore High Court ('Rawalpindi Bench/Court')---Held: Issuance of writ is an extraordinary jurisdiction of the High Court and is invoked when stipulations in the Constitution for its issuance are met---Petitioners had failed to satisfy that this (Rawalpindi bench of) High Court could exercise jurisdiction to pass direction to all the respondents---Under principles of dominant jurisdiction, Constitutional jurisdiction of High Court is exercised under art. 199 of the Constitution and not under any other instrument; the Lahore High Court is created by the Constitution of Pakistan, thus, it can only exercise powers which are conferred upon it by or under the Constitution---It was mandatory upon the Bench of High Court to confine itself to its territorial jurisdiction as provided in the Constitution---Constitutional petitions, falling beyond the territorial jurisdiction of this/Rawalpindi Bench of Lahore High Court, were dismissed, in circumstances. Citation Name: 2025 PLD 630 LAHORE-HIGH-COURT-LAHOREBookmark this Case KAKAKHAIL TRADERS VS PROVINCE OF PUNJAB art. 199---Constitutional jurisdiction of High Court, invoking of---Public interest litigation---Scope and effect---Held, that in the garb of public interest litigation, matters are brought before the High Court which are neither of public importance nor relatable to enforcement of a fundamental right or public duty---Constitutional petitions, being non-maintainable, were dismissed, in circumstances. Citation Name: 2025 PLD 630 LAHORE-HIGH-COURT-LAHOREBookmark this Case KAKAKHAIL TRADERS VS PROVINCE OF PUNJAB art. 199(1a) [as inserted/introduced through the Constitution (Twenty-sixth amendment) act, 2024]---Constitutional jurisdiction of High Court, invoking of---Vague/ambiguous prayer---Effect---as mandated by art. 199(1a) of the Constitution, introduced through 26th amendment in the Constitution, the High Court cannot exercise jurisdiction or issue directives beyond the matters explicitly raised in the Constitutional petition---Therefore, the contents of petition must be clear and apt leading to actual grievance of the person---In the present constitutional petitions, the petitioners had made unclear, confused, and vague prayer---There must not only be a right but a justiciable right in existence to give jurisdiction to the High Court in the matter---Constitutional petitions with vague and ambiguous prayer, being non-maintainable, were dismissed, in circumstances.

KAKAKHAIL TRADERS vs PROVINCE OF PUNJAB arts — 2025 PLD 630 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2025 PLD