Through the instant writ petition, the petitioner (Liaqat Ali) prays for a direction to the respondent (MCI & CDA) to handover possession of Mega Zone/Bowling Club, F-9 Park Islamabad ("the Premises") to him forthwith pursuant to contract agreement dated 29.1 1.2019.
2. Heard.
3. The record made available on file indicates that the premises had been the bone of contention between the petitioner and one Fazal Muhammad while application under Section 20 of the Arbitration Act filed by the latter , as per the stance of the petitioner , has since been dismissed and the suit of Fazal Muhammad also met the same fate as being withdrawn. According to the petitioner , no litigation regarding the premises are pending, therefore, its possession should be restored to the petitioner being its lawful licensee under a contract agreement dated 29.11.2019.
4. Admittedly , there exists a contract agreement between the petitioner and the respondents regarding the premises and it is settled principle that the matters involving contractual obligations cannot be resolved while exercising constitutional jurisdiction in terms of Article 199 of the Constitution.
5. Even otherwise, as per clause 51 of the said agreement, petitioner retains alternate remedy as in case of any dispute or difference arising within the area connected or extendable to the terms of the license between the licensee and the authority , the matter shall be referred to the Mayor MCI for decision.
6. In view of above, proper course for the petitioner would be to avail altern ate efficacious remedy before appropriate forum. Dismissed in limine.