Case Details

Citation(s)
2018 SLG 1867 2018 SLD 1867 2018 PLD 51
Peshawar High Court
Writ Petition No. 54-B of 2017, decision & hearing Dated: 03-07-2017.
IJAZ ANWAR, JUSTICE
Baghdad Khan Khattak for Petitiioners. Sirajul Islam and Ahmad Farooq Khattak for
Respondents.

MUHAMMAD SALEEM AND 3 OTHERS

VS

MANAGING DIRECTOR, SNGPL AND 6 OTHERS

Law:

Section:

Oil and Gas Regulatory Authority Ordinance (XVII of 2002-- ----Ss. 11,12, 23 & 43---Complaint Resolution Procedure Natural Gas, Liquefied Petroleum Gas (LPG) and Compressed Natural Gas (CNG) Regulations, 2003---- Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration and permanent injunction-Reduction of pressure of gas at CNG stations by Natural Gas Supply Company---Jurisdiction of civil court----Scopes/CNG station owners contended that civil court had rightly dismissed application of Natural Gas Supply Company for rejection of plaint under O. VII, R. 11, C.P.C, as civil court had plenary jurisdiction to entertain the matter---Contention of Natural Gas Supply Company, in the wake of ouster clause in Oil and Gas Regulatory Authority Ordinance, 2002 was that revisional court had rightly rejected the plaint of petitioners---Validity---Record revealed that the petitioners had approached the Natural Gas Supply Company by submitting different applications and complaints against low gas pressure but when no response was received, the petitioners approached the civil court---Oil and Gas Regulatory Authority Ordinance, 2002 defined 'consumer' and 'retail consumer' differently, similarly "licence" and "licencee" had been defined separately---Section 23 of the said Ordinance dealt with grant of licence about permission to store and sale of the CNGs were admittedly licencees---Section 11 of the Oil and Gas Regulatory Authority Ordinance, 2002 provided that it did not deal with the type of complaint which the petitioners had against the Gas Supply Company, because the petitioners were licencee under the Ordinance---Under the Complaint Resolution Procedure For Natural Gas, Liquefied Petroleum Gas (LPG) and Compressed Natural Gas (CNG) Regulations 2003, complainant had been defined as "retail consumer" while the petitioners were licencees under the Ordinance---Under the Complaint Resolution Procedure for Natural Gas,Liquefied Petroleum Gas (LPG), Compressed Natural Gas (CNG) Regulations 2003, only the complainant or the licencee, if not satisfied with the order, could file appeal to the Authority within thirty dayss being licencees would be aggrieved only…
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