Case Details

Citation(s)
2017 SLG 2926 2017 SLD 2926 2017 PLD 769
Lahore High Court
Writ Petition No. 3439 of 2009, heard on 31-01-2017
MUDASSIR KHALID ABBASI, JUSTICE
Mehr. Irshad Ahmad Arain for Petitioners. Muhammad Aurangzeb Khan, Assistant Advocate-General along with Muhammad Khurram Zahoor, Asstt. Electric Inspector for
Respondents Nos.1 and 2.

MEPCO & OTHERS

VS

ADVISORY BOARD, PUNJAB, LAHORE & OTHERS

Law: Electricity Act, 1910

Section: 26(6),26-A

(a) Electricity Act (IX of 1910)--- ----S. 26(6)---Electric Inspector---Jurisdiction---Electric Inspector can only determine disputes relating to defective meter or otherwise. 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) & 26-A---Detection bill---Electric Inspector, decision of---Electricity Distribution Company, was aggrieved of decisions made by Electric Inspector and Provincial Advisory Board against detection bill demanded from the consumer---Validity---Provision of S.26-A of Electricity Act, 1910, only spoke of charging/imposing of amount by licensee upon consumer, regarding dishonest abstraction and consumption of electricity; which might not be through tampering in metering equipment, in any case amount payable on account of audit objection, could be originating from dishonest abstraction did not, in any manner fall within the purview of Electric Inspector---High Court in exercise of constitutional jurisdiction set aside the orders/decisions by Electric Inspector and Provincial Advisory Board---Constitutional petition was allowed in circumstances. Water and Power Development Authority and others v. Mian Muhammad Riaz and another PLD 1995 Lah. 56 rel. Authority and others v. Umaid Khan PLD 1987 Pesh. 48 ref. THIS JUDGMENT PASSED BY: MUDASSIR KHALID ABBASI, JUSTICE:---.--- None has entered appearance on behalf of respondent No. 3 in spite of the fact that various modes were adopted for his service, therefore, said respondent is proceeded ex parte. 2. Through this constitutional petition, petitioners have called in question the legality of decision dated 12-11-2004 passed by respondent No. 2/Electrict Inspector to Government of the Punjab, Multan Region, Multan and decision dated 03.01.2009 passed by respondent No. 1/ Advisory Board, Punjab, Lahore. 3. Brief facts of the case are that respondent No. 3 is a consumer of MEPCO/WAPDA in respect of electric connection under reference No. 21-5132- 28351008 Tarrif B-1 (Industrial) with 15-KW connected load. 4. Meter was checked at site by the Regional Surveillance Team of MEPCO/WAPDA in…
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