Law:

Section:

Locus poenitentiae--- ----Principle of---Authority competent to sanction refund of disputed amount to petitioner, approved the same and its order was acted upon---Order of competent Authority duly passed and acted upon, could not subsequently be reviewed evee by superior Authority which otherwise had no jurisdiction to review, on principle of locus poenitentiae. Pakistan v. Muhammad Himayatullah Farrukh P L D 1969 S C 407 ref. Syed Zamir Hussain for Petitioner. Tariq Kamal Qazi for Respondent. Date of hearing: 18th May, 1991. JUDGMENT The petitioner claims to have purchased Madina Rice Mills in September, 1973, who was a consumer of seasonal tariff of the respondents and the petitioner allegedly started with wool waste trading, applied for change of tariff in 1973 on regular basis so as to be under Tariff B-2 as an industrial consumer and for its change the petitioner deposited Rs.1,200 against the approval for their name and change through a bank receipt dated 21-11-1973. It is alleged that a separate light meter was also installed at the premises of the petitioner by the respondents. The case of the respondents, however, is that the petitioner did not apply for change of tariff in 1973 on regular basis so as to be in tariff B-2 as an industrial consumer, rather the petitioner applied for the change of name of the premises from Mr. Muhammad Siddique to M/s Farooq Waste Company (Pvt) Ltd, G.T. Road, Muridke. The change of name as applied for by the petitioner was sanctioned after depositing Rs.1,200 against the approval for change of name. The controversy in this case relates to refund of the amount of Rs.1,16,691. The Superintending Engineer (Electricity) Operation Circle,…