| Citation(s) |
|---|
| 2005 SLG 1312 2005 SLD 1312 2005 SCMR 1133 |
Supreme Court of Pakistan
Civil Petition No.54 L of 2002, decision dated: 7-01-2003
FALAK SHER AND KARAMAT NAZIR BHANDARI, JJ
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Civil Petition No.54 L of 2002, decision dated: 7-01-2003
FALAK SHER AND KARAMAT NAZIR BHANDARI, JJ
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Professor ZIA UR REHMAN KHAN and others ers
VS
. CHAIRMAN, WAPDA, Lahore High Court and others --Respondents
Law:
Section:
Electricity Act (IX of 1910) -- S. 42 Specific Relief Act (I of 1877), Ss.42 & 55 Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2 Suit for declaration with prohibitory injunction Disconnection of power supply upon nonΒ¬ adherence to notice issued by Authority Interim mandatory relief for restoration of energy, prayer for Trial Court granted such relief subject to doing needful in accordance with policy decision of authority for independent transformer Revision and Constitutional petition filed against condition attached to such order were dismissed Such injunctive order having not bestowed any relief to plaintiff was recalled a his request by Supreme Court with direction to Trial Court to proceed with suit in accordance with law. Petitioners in person. Nemo for Respondents. Date of hearing: 7th January, 2003. ORDER FALAK SHER, J. --Aggrieved by the disconnection of power supply petitioner amongst others preferred a declaratory, suit with prohibitory injunction against the respondents along with an application seeking an interim order for restoration of energy which was granted on 26 8 2002, with the following operative part: "Keeping in view the assertions narrated in the plaint and the tact that due to disconnection the plaintiffs are suffering loss, an interim mandatory injunctive order is passed with the observation that subject to doing the needful in accordance with the policy decision of the LESCO for independent transformer the plaintiff's electricity connection be restored immediately." Grudging against the condition attached he preferred a Civil Revision No.10 of 2002 which was dismissed by a learned Additional District Judge, Lahore on 26-9 2002 against which his writ Petition No. 18266 of 2002 was also dismissed and subsequently the Review Application No. 155 of 2002 met with the same fate vide order, dated 1 11 2002. Hence the captioned petition for leave to appeal. 2. Wherein,β¦
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