Case Details

Citation(s)
2017 SLG 2299 2017 SLD 2299 2017 CLC 411
Lahore High Court
Writ Petitions Nos. 8862, 8857 to 8860, 8863, 12987 and 12988 of 2015, decision Dated: 30-06-2015.
MAMOON RASHID SHEIKH, JUSTICE
Umer Sharif for the Petitioner-SNGPL. Muhammad Zikria Sheikh, Deputy Attorney-General for Pakistan. Raja Asif Ali for respondent No. 1. Rana Muhammad Yasin for respondent No. 1 (in W.P.No. 8857/2015).

SUI NORTHERN GAS PIPELINES LTD. THROUGH AUTHORIZED ATTORNEY

VS

NASIR MEHMOOD KHAN AND 2 OTHERS

Law:

Section:

(a) Oil and Gas Regulatory Authority Ordinance (VII of 2002)--- ----S. 42(e)---Complaint Resolution Procedure (for Natural Gas Liquefied Petroleum Gas (LPG), Compressed Natural Gas (CNG) and Redefined Oil Products) Regulations, 2003---Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983), Arts.2(2) & 11---Wafaqi Mohtasib, Jurisdiction of---Scope---Complaint before Wafaqi Mohtasib (Ombudsman)---Sui Northern Gas Pipelines Company was aggrieved of assuming of jurisdiction by Wafaqi Mohtasib (Ombudsman) in the matters pertaining to issuance of detection bills to consumers---Validity---Executability of an order or decree could be raised and it was open to the party against whom it was sought to be executed to show that it was null and void or had been made without jurisdiction or that it was incapable of execution--- Petitioner company had not raised question of jurisdiction of Wafaqi Mohtasib (Ombudsman) earlier yet petitioner was not estopped from raising the question of lack of jurisdiction for the first time before High Court---High Court directed consumers to approach Oil and Gas Regulatory Authority for redress of their respective grievances and set aside the orders passed by Wafaqi Mohtasib (Ombudsman)---Constitutional petition was allowed in circumstances. SNGPL v. Wafaqi Mohtasib and others 2015 MLD 1029; M/s Rana Textiles Limited v. Sui Northern Gas Pipelines Limited and others 2016 YLR 1 and Islamic Republic of Pakistan v. Muhammad Saeed PLD 1961 SC 192 rel. (b) Jurisdiction--- ----Consent of parties---Waiver/estoppel---Scope---Where a Court or forum lacks inherent jurisdiction, no amount of consent or acquiescence in the proceedings can invest such court or forum with requisite jurisdiction---Question of waiver or estoppel does not arise in such situations---Jurisdiction of court or Tribunal is to be conferred by law and not by consent of parties express or implied---Parties to a lis by way of their consent cannot take away or confer jurisdiction upon a court and/or forum. Muhammad Hussain and another v. Muhammad Shafi and others 2004 SCMR 1947; Munawar Hussain and 2 others v. Sultan Ahmed 2005 SCMR 1388 and Multan Electric…
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