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Khalid Rauf and Co. vs. Government of Punjab and Others
Khalid Rauf and Co. vs. Government of Punjab and Others
Khalid Rauf & Co. (Pvt.) Ltd. having its office at 24/3C, Messon Road, Link
Lawrence Road, Lahore through its Chief Executive Officer Mr. Khalid Rauf.
.Petitioner
VERSUS
1.
2.
3.
4.
5.
1.
That the addresses of the parties have been correctly given in the title
of the petition for the services of processes which may be issued by this
Honble Court from time to time.
2.
are
necessary
and
incidental
thereto.
(Copy
of
the
3.
That the brief issue involved in this case is that the petitioner, who is a
highly reputed company involved in the business of providing services
of engineering and construction of highways and bridges for the past
32 years, has been blacklisted for future projects by the respondent
No.3 on the behest of respondent No.2. This so-called blacklisting of
the petitioner has been done by the respondents absolutely contrary to
the law, against the judgments pronounced by the Supreme Court of
Pakistan, without show cause notice and any enquiry, in contravention
of the principles of natural justice, contrary to the terms and conditions
of the contract, arbitrarily, unlawful and for malafide reasons. In this
writ petition the action of the respondents in blacklisting the petitioner
has been challenged.
4.
The facts forming the background of this writ petition are narrated
below: -
BRIEF FACTS
(i)
Dual
Carriageway
(BOT
(ii)
(iii)
(iv)
(v)
(vi)
and
wrote,
but
never
sent
letter
No
(vii)
viii)
(ix)
(x)
(xi)
a)
b)
c)
d)
e)
f)
College
Jail
Road,
Lahore
vide
letter
dated
22/08/2008.
(Copies of the notices are attached as Annex Q/1 to Q/6)
(xii)
5.
That briefly the letters dated 15/08/2008 giving show cause notice and
the blacklisting letter dated 17/08/2008 are illegal and liable to be set
aside inter alia on the following:
Grounds
A)
B)
That even if it is assumed that the show cause notice was issued
on 15/08/2008 which is a Friday and received by the petitioner
C)
D)
and the petitioners negligence has not been proved in the court
of law. As stated above, in this case, the legal heirs of the
deceased have stated on oath and confirmed that the accident
was not the fault of the petitioner but was purely an accident of
circumstances and the petitioner has also compensated them in
any case voluntarily. Hence there is no violation of Clause 15 as
well. Clause 17 provides that the contractor shall provide skilled
engineers and technical engineers, which has no relevancy to
this case.
E)
G.
H.
PRAYER
In view of the circumstances mentioned above it is most respectfully prayed
that the impugned letters dated 15/08/2008 and 17/08/2007 may kindly be
declared to be illegal and accordingly be set aside. It be directed that the
respondents shall take no further action in respect of the blacklisting on the
basis of the letter dated 15/08/2008 or 17/08/2008.
It is further prayed that it be declared that the petitioner is not blacklisted for
any of its ongoing projects, or for which the petitioner has been pre-qualified
as well as any future projects with the respondents. The respondents be
further directed that petitioners may be allowed to participate in
tenders/bidding for government projects without any let and hindrance.
It is also further prayed that the respondents be directed not to take any
action against the petitioner in respect of the incident.
It is further prayed that the ongoing projects of the petitioner may not be
cancelled rescinded or cancelled on the basis of illegal blacklisting letter dated
17/08/2008.
It is further prayed that respondents may be directed to continue making
PETITIONER
Through:
As per instructions, this is the first petition in this Honble Court on the
subject.
2.
The petition has been arisen out of the violation and non-fulfillment of
the provisions of law and the petitioner has no other efficacious and
speedy remedy at the moment.
Advocate
Affidavit of: Mian Khalid Rauf, Chief Executive Officer, Khalid Rauf & Co.
(Pvt.) Ltd., 24/3C, Messon Road, Link Lawrence Road, Lahore.
I, the above named deponent do hereby solemnly affirm and declare as
under:1.
That the above named deponent has filed accompanying writ petition
before this Honble Court and the contents of the same may kindly be
read as an integral part of this affidavit.
2.
That the contents of the accompanying writ petition are true and
correct to the best of my knowledge and belief and nothing has been
concealed thereof.
DEPONENT
VERIFICATION:
Verified on oath at Lahore on this
the above affidavit are true to the best of my knowledge and belief.
DEPONENT
C.M. No./2008
In
Writ Petition No./2008
Respectfully Sheweth:
1.
That the petitioner has filed the accompanying writ petition the
contents whereof for the sake of convenience and brevity may kindly
be read as an integral part of this application.
2.
The petitioner has a strong prima facie case and there is very likelihood
of its success.
3.
4.
5.
That in case the interim relief is not granted, the petitioner shall suffer
irreparable loss and injury.
6.
That if the impugned letters dated 15/08/2008 and 17/08/2008 are not
suspended and the respondents are not directed to stop their malicious
campaign, the petitioner shall suffer irreparable loss and injury.
PRAYER
It is respectfully prayed that in pending the disposal of the subject writ
petition the impugned letters dated 15/08/2008 and 17/08/2008 may kindly
be suspended and the respondents be directed to immediately halt their
smear campaign against the petitioner.
It is further prayed that the respondent be directed not to take any further
action against the petitioner till the disposal of the titled writ petition.
It is further prayed that during the pendency of the writ petition, the
respondents may be directed to continue making payments, including
running bills, in respect of the on going contracts strictly in accordance with
the respective contracts.
Pending disposal of this petition an ad interim relief in the above manner may
also kindly be granted to the petitioner.
Any other relief deemed to be just and fair may kindly also be granted to the
petitioner/applicant in the interest of justice.
PETITIONER/APPLICANT
Through:
C.M. No./2008
In
Writ Petition No./2008
1.
2.
That the contents of the accompanying application for stay are true and
correct to the best of my knowledge and belief and nothing has been
concealed thereof.
DEPONENT
VERIFICATION:
Verified on oath at Lahore on this ______ day of August 2008 that the contents
of the above affidavit are true to the best of my knowledge and belief.
DEPONENT
That the petitioner has filed the accompanying writ petition in which
no date of hearing has been fixed so far.
2.
3.
It view of the above it is most respectfully prayed that the present application
may be allowed and the certified copy may be dispensed for the time being
and the copies already placed on file may kindly be taken into consideration.
PETITIONER
Through:
Counsel
Mandviwalla & Zafar
Zafar Chambers
7/B-1, Aziz Avenue
Canal Bank, Gulberg-V
Lahore
C.M. No./2008
In
Writ Petition No./2008
Khalid Rauf & Co. (Pvt.) Ltd
.Petitioner
VERSUS
Government of the Punjab through Secretary, C&W and others
.Respondents
APPLICATION UNDER SECTION 151 C.P.C. TO DISPENSE WITH
FILING OF CERTIFIED COPIES OF ANNEXURES WITH THE WRIT
PETITION.
Affidavit of: Mian Khalid Rauf, Chief Executive Officer, Khalid Rauf & Co.
(Pvt.) Ltd., 24/3C, Messon Road, Link Lawrence Road, Lahore.
I, the above named deponent do hereby solemnly affirm and declare as
under:-
1.
2.
That the contents of the accompanying application for stay are true and
correct to the best of my knowledge and belief and nothing has been
concealed thereof.
DEPONENT
VERIFICATION:
Verified on oath at Lahore on this ______ day of August 2008 that the contents
of the above affidavit are true to the best of my knowledge and belief.
DEPONENT
INDEX
S.No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Description of Documents
Ground of writ petition alongwith
affidavit
Memorandum and Articles of
Association
Copy of Board Resolution
Copy of petitioners profile with a
list of its achievements
Copy of the Contract
Acceptance letter
Site drawings
Copies of the photographs
Copy of the statement of the father
of the deceased
Letter from Respondent No.3
dated 15/08/2008
Letter from respondent no.3 dated
17/08/2008
Copy of the Peon book of TEPA
Letter
No.KRC/4147
dated
21/08/2008 from the petitioner
Letter
No.KRC/4148
dated
22/08/2008 from the petitioner
Dated
Annexure
Pages
1-16
16/08/2008
A&B
17-34
35-36
37-47
E
F
G
H/1 to H/3
48-113
114-116
117-137
138-140
141-142
143
144
145-146
M/1 to M/8
147-155
N/1 to N/9
156-169
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
22/08/2008
170
171
Q/1 to Q/6
172-177
178-182
S/1 to S/5
178-192
T
U
193
194-195
V/1 to V/6
196-207
208-209
210-213
PETITIONER
Through:
COUNSEL
Mandviwalla & Zafar
Zafar Chambers
7/B-I, Aziz Avenue,
Canal Bank Gulberg-V,
Lahore