| Citation(s) |
|---|
| 2026 SLG 291 2026 SLD 291 = 2026 PLD 37 |
Sindh High Court
1st Civil Appeals Nos. S-11 to S-19 of 2024, decided on 31st January, 2026.
Presented By: Before Omar Sial, J
Abid Hussain Qadri for Appellant along with Arsalan Haryah, Deputy Manager (L&EM), SSGCL, Regional Office, Larkana. Abdul Rehman A. Bhutto and Zubair Ahmed Abro for
Respondents (in 1st Civil Appeals Nos.S-15 and S-18 of 2024). Ghulam Muhammad Soomro for the
Respondent (in 1st Civil Appeal No. S-16 of 2024). Ghulam Asghar Khichi, D.A.G. along with Oshaq Ali Sangi, Assistant Attorney General for Pakistan.
1st Civil Appeals Nos. S-11 to S-19 of 2024, decided on 31st January, 2026.
Presented By: Before Omar Sial, J
Abid Hussain Qadri for Appellant along with Arsalan Haryah, Deputy Manager (L&EM), SSGCL, Regional Office, Larkana. Abdul Rehman A. Bhutto and Zubair Ahmed Abro for
Respondents (in 1st Civil Appeals Nos.S-15 and S-18 of 2024). Ghulam Muhammad Soomro for the
Respondent (in 1st Civil Appeal No. S-16 of 2024). Ghulam Asghar Khichi, D.A.G. along with Oshaq Ali Sangi, Assistant Attorney General for Pakistan.
SUI SOUTHERN GAS COMPANY LIMITED through General Manager--Appellant
VERSUS
BHAJAN LAL---Respondent
Law: General Clauses Act, 1897
Section: 20
Law: Gas (Theft Control and Recovery) Act, (XI of 2016)
Section: 3,4,5
Law: Civil Procedure Code (V of 1908)
Section: 2,4,VII,10,11
Law: Criminal Procedure Code (V of 1898)
Section: 9
(a) General Clauses Act (X of 1897)--- ----S. 20---Gas (Theft Control and Recovery) Act (XI of 2016), Ss. 3, 4 & 5---Civil dispute between Gas Company and consumer---Gas Utility Court---Jurisdiction--Scope---Gas Utility Court declined to adjudicate civil dispute under the Gas (Theft Control and Recovery) Act, 2016 ( the Act, 2016 ) and rejected plaints filed by Sui Southern Gas Company Limited (Gas Company/Appellants)---Argument of the consumers/respondents was that the Gas Utility Court(s) for adjudicating civil disputes under the Act, 2016 had not been notified vide Notification No. SO No. 293(1)/2017 dated 02.05.2017, ( the Notification )---Validity---Via the Notification, having been passed under S. 3 of the Act, 2016, the courts of certain District and Sessions Judges were notified as Gas Utility Courts to operate within defined territorial jurisdictions---Unfortunately, an ambiguity crept in due to the wording of the Notification as the same mentioned that the Courts so established will exercise the powers for the trial of offences under the said Act... ; no mention was made explicitly for also adjudicating civil disputes falling within the purview of the Act, 2016; which was the basis for the consumers/respondents wrongly making their argument---The Notification mentions S. 3 of the Act, 2016 while S. 3 only provides for establishing an all-encompassing Gas Utility Court, which does not bifurcate between a civil or a criminal Gas Utility Court---Further, S. 4, which is the operative section to determine the jurisdiction of a Gas Utility Court, stipulates that the same shall have exclusive jurisdiction with respect to all matters covered by this Act ---Hence, since the Act, 2016 does not create a division between a Civil Gas Utility Court and a Criminal Gas Utility Court, delegated legislation. i.e., a notification, cannot create such a distinction for the same will be in contravention of S. 4 of the Act, 2016---Section 20 of the General Clauses Act, 1897, provides that where by any Federal Act or Regulation, a power to issue any notification...is conferred...the expressions used in the notification...if it is made after the commencement of this Act,…