| Citation(s) |
|---|
| 2015 SLG 1514 2015 SLD 1514 2015 MLD 299 |
Lahore High Court
Writ Petition No.11832 of 2008, heard on 3rd September, 2014
SHAHID WAHEED, J
Mian Muhammad Javed for Petitioners. Muhammad Younas for
Respondents
Writ Petition No.11832 of 2008, heard on 3rd September, 2014
SHAHID WAHEED, J
Mian Muhammad Javed for Petitioners. Muhammad Younas for
Respondents
WAPDA through Chairman and 3 others
VS
ADVISORY BOARD, PUNJAB, through Chairman and 2 others
Law:
Section:
(a) Electricity Act (IX of 1910)-------S. 26(6)---Electric Inspector, powers of---Defect in metering equipment---Slowness of electricity meter---Detection bill---Detection bill sent to consumer due to defect in metering equipment could be challenged before the Electric Inspector---However, where the consumer completely by-passed the metering equipment and used a device to supply energy by dishonest extraction of electricity, and question relating to correctness of the metering equipment was not involved, the charge made to consumer under S. 26A of Electricity Act, 1910, was not referable to the Electric Inspector in terms of S. 26(6) or any other provision of the Electricity Act, 1910. Colon Textile Mills Ltd. through Factory Manager v. Chief Executive Multan Electricity Power Company Ltd. (MEPO) and 2 others 2004 SCMR 1679; Multan Electric Power Ltd. v. Muhammad Ashiq and others PLD 2006 SC 328 and Water and Power Development Authority and others v. Messrs Kamal Food (Pvt.) Ltd. Okara and others PLD 2012 SC 371 rel. (b) Electricity Act (IX of 1910)--- ----Ss. 26(6) & 36(3)---Constitution of Pakistan, Art. 199---Electric Inspector and Provincial Advisory Board, conclusions of---Conclusions based on reasons---Such conclusions could not be interfered with by the High Court under Art. 199 of the Constitution. Water and Power Development Authority and 2 others v. Messrs Crown Steel Industries and 2 others 2002 YLR 2876 and WAPDA through its Chairman and 2 others v. Nazir Cotton Mills Ltd. 2002 YLR 3395 rel. JUDGMENT SHAHID WAHEED, J.---The respondent No. 3, Sunahri Flour Mills (Pvt.) Ltd. (hereinafter called the consumer) being a consumer of the petitioners under Reference No 24 1121 24009004U, tariff B-II with 309 KW sanctioned load filed a petition under section 38 of The Regulation of Generation, Transmission and Distribution of Electric Power Act, t997 read with section 26(6) and 24(2) of the Electricity Act, 1910 before the Electric Inspector, Lahore Region, Lahore/respondent No.2 and thereby called in question the electricity bill dated 7-8-2006. It was maintained in the petition that the impugned bill to the extent of bill adjustment amount of…
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