Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Res judicata, principle of--Applicability---Electricity Company rejected petitioner's application for new electricity connection and meter---Validity---Petitioner concealed the dismissal of his suit and appeal by courts below---Instead of fulfilling the requirements for installation of connection undertaken by him through affidavit, petitioner filed present constitutional petition--Grievance of petitioner having already been decided by civil court, could not be agitated in constitutional jurisdiction by concealing relevant facts under the principle of res judicata---Question impliedly or expressly raised before civil court previously could not be re-agitated in constitutional petition---Similarly a question or controversy decided by High Court in constitutional jurisdiction could not be raised subsequently in a civil court---Constitutional petition was dismissed for being without merit. ORDER CH. MUHAMMAD TARIQ, J.--- Learned counsel for the petitioner inter alia contends that the petitioner gave first application for installing a connection of electricity on 9-2-2008. The petitioner submitted again an application on 6-1-2009 for domestic use at House No.157-C, Satellite Town, Tehsil and District Sargodha and this house total area is 3 Marla and the petitioner is competent and thoroughly owner of said house under the record of revenue as Khasra No.157/C, Khatoni No.1334, Khywat No.1334, Muhal, Chak No.45 Alf. Sheen, Patti, Satellite Town, "C" Block, Fard Jamabandi year 2007-08. That the petitioner provided all relevant documents to defendant No.4 for fulfilment of legal requirement but the defendant No.4 rejected the application for new electricity connection and meter on the basis of fake grounds that defendant No.4 alleged that the said house property was a big house which was demolished and had been converted into small plots/houses of 5 Marlas in developed area. 2. Learned counsel further contends that respondents have already supplied two electricity connections in Property No.157/C and have refused to install electricity meter in the premises of the petitioner which is a glaring…

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