Full Judgment Text & Judicial Ruling

P L D 1958 (W

P L D 1958 (W. P) Lahore 365

Before S. A. Rahman; C. J. and B. Z. Kaikaus, J

IKRAM‑UL‑HAQ‑Petitioner

Versus

ISLAMIC REPUBLIC OF PAKISTAN‑Respondent

Writ Petition No. 37 of 1958, decided on 20th January 1958 under Art. 170 of the Constitution.

Constitution of Pakistan,

Art. 170‑Writ will not issue as a general rule in case of breach of a personal contractual right.

Held, As a general rule no mandamus writ will issue to enforce a personal contractual right as distinguished from the enforcement of a duty of public nature.

Muhammad Anwar Raja for Petitioner.

Ghias Muhammad and Anwar Rahman for Respondents.

JUDGMENT

S. A. RAHMAN, C. J.‑--It is stated on behalf of respondents that the work has now been entrusted to another contractor who is said to have been given the work order on 19th December 1957, one day before the injunction order was issued by this Court. It will introduce complications if now the prayer of petitioner be acceded to, of restoring him to his previous position as con tractor. The matter after all rests in contract and as a general rule, no mandamus writ will issue to enforce a personal contractual right as distinguished from the enforcement of a duty of a public nature on the part of respondents. In view of these factors we do not consider this to be a fit case for exercise of our writ jurisdiction and dismiss the petition, leaving the parties to bear their own costs.

S. D. A./A. H. Petition dismissed.

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