M.A. ZAFAR, J. --- Mansoor Ahmad petitioner has filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with the following prayer:- "Under the circumstances, it is respectfully prayed that the writ petition may kindly be accepted by :directing the respondent No. 1 to perform .His statutory and contractual duty to recover arrears of N.O.C. And building fee from the defaulters/citizens 1104 expeditiously according to the list Annex "B" and pay the same to the petitioner, in the interest of justice."
2. According to the averments of the petition, petitioner was awarded a contract by the respondent No. 1 for the collection of No Objection Certificate Fee and Building Fee from Rural Area of Tehsil Municipal Administration, Rawalpindi regarding the new Construction by the citizen of rural area vide agreement commencing from 1.11.2001 to 30.6.2002, which was singned by the petitioner as well as by respondent No. 1. According to the petitioner, he paid all the dues to respondent No. 1 according to the terms of the agreement and nothing is outstanding against him. During the period of contract agreement, 1,104 citizens of rural area of Municipal Administration of Tehsil Rawalpindi as detailed in Annex-B, constructed buildings and defaulted to pay Building Fee and N.O.C. Fee of their residential and commercial buildings. In the meanwhile, the period of contract expired. However, petitioner informed respondent No. 1 regarding the said defaulters. The said citizens were also challaned by the learned Municipal Magistrate, T.M.A, Rawalpindi.
3. Learned counsel for the petitioner submits that petitioner was entitled to receive Building Fee and N.O.C. Fee from the citizens of Rural Area, who raised constructions during the contract of the petitioner and petitioner paid a colossal amount for obtaining contract but respondent No. 1 has failed to recover the dues from the defaulters though he is under statutory and contractual duty to help the petitioner for recovering the arrears from the defaulters. He further submits that security of Rs. 100,000/-deposited by the petitioner is still with respondent.No. 1 and respondent No. 1 has not accounted for the same to the petitioner.
4. On the other hand, learned counsel for respondent No. 1 submits that there is Arbitration Clause in the agreement and instead of invoking the Arbitration Clause petitioner has filed this writ petition, which is not maintainable. He further submits that the matter involved disputed question of facts and also to enforce a contractual obligation and thus the writ petition is not maintainable on that score as well.
5. After hearing learned counsel for the parties and perusing the record I find that admittedly there is a contractual obligation between the petitioner and respondent No. 1 and the same cannot be enforced through a writ petition as held by the apex Court in a case of Muhammad Azam Sohail v.
Govt. Of Pakistan (1998 SCM R. 1549) and Pakistan Muslim League (N) through Khawaja Muhammad Asif MNA and others v. Federation of Pakistan through Secretary Ministry of Interior and others (PLD 642). Moreover, petitioner has also an adequate remedy by invoking the Arbitration Clause as provided in Clause 10 of the agreement between the parties in which it has been clearly stated that in case of dispute between the parties Commissioner/D.C.O. Will settle their differences through Arbitration. In the presence of said clause present writ petition is not maintainable, petitioner may invoke an alternate remedy of arbitration if so like. Moreover disputed question of facts cannot be decided in writ jurisdiction. There is nothing on record that at any stage, petitioner moved to respondent No. 1 for the expeditious disposal of the challanspending in the Court of respondent No. 2 against the defaulters.
6. For the forgoing reasons, there is no force in this petition and the same is dismissed, however, respondent No. 2 is directed to decide the challans, if any pending in his Court at the instance of petitioner against the defaulters expeditiously.