' M.A. ZAFAR, J.---Rana Muhammad Sher the present petitioner who is Government Contractor and having his own construction company under the name of "Sher Construction Company" 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 direction may graciously be issued to the respondents to make the payment of Rupees 16,83,000 to the petitioner pending against the work done.
' It is further prayer that any other relief which this Honourable Court deems fit may also be awarded."
2. According to the averments of the petition petitioner being Government Contractor submitted tenders as per respondents' requirements which were duly accepted by respondent No,3 vide work order dated 13-8-1996 for the work amounting to Rs,5,15,000 and, another work order of the same date for the amount of Rs,14,85,000.
3. Report and parawise comments were called for from respondents Nos. 2 and 3 vide dated 30-6- 2006 which have been filed by them. According to the comments submitted by respondent No,3, petitioner inter alia did not execute agreement with the Department on a judicial paper regarding terms and conditions of the contract and even failed to produce completion certificate/clearance by the Audit Department. It is further stated that the bill of the petitioner will be considered after fulfillment of aforesaid requirements but the petitioner did not fulfil the legal requirements.
4. Petitioner has been repeatedly called. No one is present on behalf of the petitioner. In view of the comments submitted by the respondents Nos. 2 and 3 controverting assertion of the petitioner made in the writ petition, this Court in its Constitutional jurisdiction cannot adjudicate upon the disputed question of facts. Therefore, the present petition is dismissed.