Through the instant writ petition, the petitioner, M/s Yasir Farooq Enterprises, seeks a declaration to the effect that the bidding process conducted by the Pakistan Public Works Department ("Pak- PWD") pursuant to the advertisement dated 08.03.2023 is unlawful and in violation of the Public Procurement Rules, 2004 ("PPR"). Furthermore, the petitioner seeks a direction to Pak-PWD to issue tender documents to the petitioner.
2. The petitioner's grievance is that in response to the advertisement dated 08.03.2023, the petitioner applied to Pak-PWD for the purchase of the tender documents by the deadline of 27.03.2023 but Pak-PWD did not provide the tender documents to the petitioner. The petitioner has through an undated letter received by the office of Secretary, Ministry of Housing and Works on 30.03.2023 (i.e., after the deadline of 27.03.2023) voiced its grievances against the non-issuance of the tender documents.
3. There is nothing on the record to show that the petitioner had applied for the purchase of the tender documents within the deadline of 27.03.2023. Whether the petitioner applied for the purchase of the tender documents within the said deadline is a controversial question of fact that cannot be resolved in the Constitutional jurisdiction of this Court. The undated letter submitted by the petitioner to the Secretary, Ministry of Housing and Works which was received on 30.03.2023 is after the deadline within which the petitioner was to purchase the tender documents.
4. The petitioner has also complained that Pak-PWD has not even constituted a Grievance Redressal Committee ("GRC") before whom the petitioner could submit its grievances. It is expected that Pak-PWD would constitute a GRC at the earliest if not already constituted so that the petitioner could take its grievances before such committee.
5. The petition stands disposed of with the above observation.