Arshad Ali vs Federation of Pakistan through Secretary Pakistan Railways, Department Islamabad art

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Arshad Ali VS Federation of Pakistan through Secretary Pakistan Railways, Department Islamabad art.199---Constitutional petition---Maintainability---Contractual dispute---Factual controversy---Constitutional jurisdiction of the High Court, invocation of---Permissibility---Scope---Petitioner was awarded a two-year vending contract through an open auction conducted by Pakistan Railways pursuant to a public notice---Petitioner deposited 30% of the bid amount, i.e., Rs.1,683,000, with the respondents---allotment pertained to vending services, and subsequent to commencement of the contract, the petitioner's vending operations were regulated in terms of items permitted for sale and the number of salespersons authorized under the allotment order and applicable railway policy, during which period the petitioner's vending activity ultimately ceased ---Held: Matter at hand emanated solely from a contractual dispute between the parties---The document annexed by the petitioner himself demonstrated that the petitioner was authorized to vend only twelve items and to operate through no more than four salespersons, in accordance with the terms explicitly set forth in the contractual letter, hence, the very basis of his claim stood contradicted by his own annexures---Furthermore, the petitioner had concealed a material fact viz. institution of a civil suit, wherein, plaint was rejected---Such concealment, coupled with the petitioner's contradictory pleadings, rendered it evident that the petitioner had not approached the High Court with clean hands, and, therefore, was not entitled to invoke the equitable jurisdiction of the High Court---Contractual disputes, laden with factual controversies, did not fall within the purview of constitutional jurisdiction under article 199 of the Constitution---In the absence of any demonstrable violation of fundamental rights or statutory obligations, High Court could not be called upon to adjudicate such dispute---Present petition was misconceived and same was devoid of any merit, as such, same was dismissed.

Arshad Ali vs Federation of Pakistan through Secretary Pakistan Railways, Department Islamabad art — 2026 MLD 387 KARACHI-HIGH-COURT-SINDH

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