| Citation(s) |
|---|
| 2023 SLG 1907 2023 SLD 1907 2023 PLD 316 |
Supreme Court of Pakistan
Civil Appeals Nos. 513 to 586 of 2014 and CivilMiscellaneous Application No. 3671 of 2014 in Civil AppealNo. 542 of 2014, decided on 14th September,2022.(Against judgment dated 17.12.2013 of Peshawar HighCourt, Peshawar passed in Writ Petitions Nos.
Present: Ijaz ul Ahsan, Syed Mazahar Ali Akbar Naqvi and Ayesha A. Malik, JJ
For the Appellants Munawar us Salam, Advocate Supreme Court and Syed Rifaqat H. Shah, Advocate-on-Record (in C.As. Nos. 513-585 of 2014). Shamshadullah Cheema, Advocate Supreme Court and Sh. Mehmood Ahmad, Advocate-on-Record (in C.A. No. 586 of 2014). For
Civil Appeals Nos. 513 to 586 of 2014 and CivilMiscellaneous Application No. 3671 of 2014 in Civil AppealNo. 542 of 2014, decided on 14th September,2022.(Against judgment dated 17.12.2013 of Peshawar HighCourt, Peshawar passed in Writ Petitions Nos.
Present: Ijaz ul Ahsan, Syed Mazahar Ali Akbar Naqvi and Ayesha A. Malik, JJ
For the Appellants Munawar us Salam, Advocate Supreme Court and Syed Rifaqat H. Shah, Advocate-on-Record (in C.As. Nos. 513-585 of 2014). Shamshadullah Cheema, Advocate Supreme Court and Sh. Mehmood Ahmad, Advocate-on-Record (in C.A. No. 586 of 2014). For
PESHAWAR ELECTRIC SUPPLY COMPANY LTD. (PESCO) and another---Appellants
VS
SS PLOYPROPYLENE (PVT.) LTD., PESHAWAR and others---Respondents
Law:
Section:
JUDGMENT IJAZ UL AHSAN, J.---Through this consolidated judgment, we intend to decide Civil Appeals Nos. 513 to 586 of 2014 as they involve common questions of the law. 2. Through the instant appeals, the Appellants have challenged a consolidated judgment of the Peshawar High Court, Peshawar dated 17.12.2013 passed in the writ petitions mentioned in the schedule to this judgment. The Respondents, by filing their respective writ petitions, had challenged the imposition of Fuel Price Adjustment/ Consumer-end Charges (hereinafter referred to o as the Charges). The learned High Court vide the impugned judgment declared the imposition of Charges as unconstitutional and illegal. 3. The necessary facts giving rise to the present controversy are that the Respondents are industrial customers of the Appellant Company, which is an electricity distribution company licensed by NEPRA. The Appellant Company imposed Charges in the province of Khyber Pakhtunkhwa (hereinafter referred to as KP) and the reason given for the imposition of the Charges was, inter alia, a rise in global fuel prices. Earlier, a writ petition was filed against the imposition of Charges wherein, the High Court sent the matter to NEPRA. In the meantime, the imposition of the Charges was suspended. Subsequently, the Charges were resumed vide order dated 19.09.2011. Aggrieved, the Respondents approached the High Court by filing their respective writ petitions, which were allowed. Dissatisfied, the Appellants approached this Court for redressal of their grievances. 4. Leave to appeal was granted by this Court vide order dated 01.04.2014 in the following terms: Having heard the learned counsel for the petitioners in C.Ps. 312, 323 to 393 and 426 of 2014 at some length, leave is granted in all these titled petitions inter alia to consider whether could the learned High Court allow the petitions filed by the respondents and interpret Articles 157(2) and 167(2) of the Constitution without prior notice to the learned Attorney General for Pakistan in terms of Order XXVII-A of the Civil Procedure Code; whether the Fuel Adjustment Charges levied by the petitioner in terms of Section 31(4) of the Regulation of…
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