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Mohmand Developers JV M/S BLTB Construction Company (Pvt.) Ltd. vs Government of Gilgit-Baltistan through Chief Secretary Gilgit-Baltistan art — 2026 MLD 241 Gilgit-Baltistan Chief Court

Case information

Citation
2026 MLD 241 Gilgit-Baltistan Chief Court
Year
2026
Reporter
MLD
Parties
Mohmand Developers JV M/S BLTB Construction Company (Pvt.) Ltd. vs Government of Gilgit-Baltistan through Chief Secretary Gilgit-Baltistan 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

Mohmand Developers JV M/S BLTB Construction Company (Pvt.) Ltd. VS Government of Gilgit-Baltistan through Chief Secretary Gilgit-Baltistan art. 86(2)---Gilgit-Baltistan Public Procurement Regulatory authority Rules, 2022, Rr. 51 & 52---Writ petition---Maintainability---alternate efficacious remedies, non-availing of---Bidding/procurement process---Issuance of acceptance letter with the stipulation of provision of enhanced performance security/ guarantee---Petitioner/contractor assailed such enhancement through writ petition---Objection raised by the respondent-department was that other remedies in terms of Rr. 51 and 52 of the Gilgit-Baltistan Procurement Regulatory authority Rules, 2022 (Rules), before the Grievance Redressal Committee (GRC) and Procurement Review Committee (PRa), respectively, had not been availed before filing the writ petition---Validity---Respondents had issued letter of acceptance under Cl.3 directing the petitioner for provision of performance security/guarantee of an amount equal to 32.593% of the bid amount from any Schedule Bank of Pakistan, but instead of filing the complaint before the GRC as provided under the Rules, surprisingly the petitioner filed the writ petition, which was alien to the prescribed Rules and remedies available to the petitioner before the forums of GRC and PRC established under the Rules, as such without availing the remedies provided to him under the Rules, the writ petition was not competent---Writ petition was dismissed, in circumstances.

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