M/S. S.M. Raza Traders vs Superintendent, Engineering Highway Authority
This matter arises from a written request for adjournment in constitutional petitions regarding a toll tax collection contract. Mr. Ashtar Ausaf Ali, ASC for the private respondents, submitted that the petitions had become infructuous because no interim relief was granted, leading to the re-auction of the toll tax collection contract, and presented an order dated 14.4.2004 of the Secretary to the Government of the Punjab Communication and Works Department in which the petitioners participated. The Supreme Court of Pakistan disposed of the two petitions as having become infructuous, while clarifying that if the petitioners considered the matter still alive, they could apply for the resurrection of the petitions. The core legal question concerned whether the petitions became infructuous due to subsequent events. The court held that the petitions were infructuous due to the re-auction of the contract, subject to the liberty to apply for resurrection if grievances persisted.
- Whether a constitutional petition becomes infructuous when the subject matter contract is put to re-auction due to the absence of interim relief?
- Can a party apply for the resurrection of a petition disposed of as infructuous if the underlying grievance is claimed to be still alive?
ORDER We have received a written request from Malik Muhammad Qayyum, ASC for the petitioners in C.Ps. Nos. 1828/2002 and 1224/2003 praying for adjournment on the ground that he was out of the country.
2. Mr. Ashtar Ausaf Ali, ASC present on behalf of private respondents in both these petitions, submits that he had come all the way from Lahore on account of lack of intimation to him from the learned counsel for the petitioners about his non-availability before the Court today. However, adds that these two petitions had become infructuous because no interim relief had been allowed by this Court pursuant to these petitions as a result whereof the contract regarding collection of Toll Tax in question was put to re- auction. He has placed before u$ an order dated 14.4.2004 of the Secretary to the Government of the Punjab Communication and Works Department in which proceedings the petitioners in these petitions and also participated.
3. In this view of the matter these two petitions are disposed of has having become infructuous. It is, however, clarified that if the petitioners are' of the view that the matter arising out of these two petitions is still alive then it shall be open to the petitioners to apply for resurrection of these petitions.