Law: Electricity Act, 1910

Section: 26-A,26(6)

Law: Constitution of Pakistan, 1973

Section: 199

Electricity Act (IX of 1910)--- ----Ss. 26-A & 26(6)---Constitution of Pakistan, Art.199---Constitutional petition---Electric Inspector, jurisdiction of---Electricity Supply Company (petitioner) assailed orders of Electric Inspector in favour of respondent, on the ground that the Electric Inspector had no jurisdiction to decide the matter under S.26(6) of the Electricity Act, 1910 and that the matter should have been resolved by the civil court as the respondent was charged for dishonestly using electricity through direct connection; and the same fell under S. 26-A of the Electricity Act, 1910---Validity---Respondent had used the electric supply though the impugned electric meter installed at the premises and the respondent was not issued any notice for dishonest or illegal use of electricity---Respondent used electricity meter installed at the premises, and electricity bills were regularly issued wherein the consumed electricity was mentioned---Dispute was regarding the excess readings mentioned in the impugned bills, and in case of any difference or dispute between a licensee or consumer, the forum for resolving such dispute was only the Electric Inspector---Case did not relate to dishonestly extracted electricity but was a dispute regarding overbilling due to incorrect reading---Both forums having exclusive jurisdiction in the matter had rightly appreciated the facts of the case in the passing of the impugned orders---Constitutional petition was dismissed in circumstances. Water and Power Development Authority v. Mian Muhammad Riaz and another PLD 1995 Lah. 56 distinguished. JUDGMENT KHALID MAHMOOD J.---Through this writ filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioners seek the constitutional jurisdiction of this Court praying for:-- "setting aside of orders of respondents Nos. 2 and 3 dated 8-5-2006 and 15-9-2007 and dismissal of complaint filed by respondent No.1 ". Briefly stated facts of the case are that respondent No.1 was granted a contract for renovation works of WAPDA Rest Murree Road Abbottabad, where two electricity meters were installed. Two bills amounting to Rs.1,39,137/- were issued and…

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