Case Details

Citation(s)
2004 SLG 1814 2004 SLD 1814 2004 CLC 678
Sindh High Court
Constitutional Petition No. D-1974 of 1999, decision dated: 16-08-2003.
MUHAMMAD ROSHAN ESSANI AND KHILJI ARIF HUSSAIN, JJ

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Messrs S.G. FIBRE LIMITED-

VS

GOVERNMENT OF SINDH and others

Law:

Section:

Electricity Act (IX of 1910)-------Ss. 14 & 26---Constitution of Pakistan (1973), Art. 199--­Constitutional petition--- Demand of average bills for electricity consumed by petitioner---Fixation of "Check Meter" on directive of Electric Inspector for determination of actual and correct consumption of electricity---Authority instead of actual reading of units transpired from "Check Meter", continued to send bills on average basis at much higher side than such actual reading---Electric Inspector decided matter without considering reading of "Check Meter'", which order was upheld by Appellate Authority---Validity--Check Meter" installed at premises had remained in control of the Authority for all practical purposes, which could prima facie establish consumption of electricity by petitioner---No reason had been given m the impugned orders for increasing average units consumption and for not accepting reading of "Check Meter "---Authority had failed to discharge burden to prove that reading shown by "Check Meter" was not acceptable for some cogent reasons---High Court accepted Constitutional petition and set aside impugned orders. Abdul Ghafoor Mangi for Petitioner. M. Sarwar Khan, A.A. -G. for Respondent No.1. Muhammad Nadeem holding brief for M. Sohail for Respondents Nos. 2 and 3. Date of hearing: 21st May, 2003. ORDER By our short order, dated 21-5-2003 petition was allowed and these are the reasons for the same. Petitioner filed petition challenging Order No.5067, dated 27-12-1990 passed by the respondent No.3 namely Electricity Inspector (Karachi Region) and Order No.SO-PP-01/13-89, dated (sic), passed by Secretary, Irrigation Department, Government of Sindh. Brief facts of the case are that the petitioners who are manufacturers of Polyester yarn having its factory at Plot No.B-40, SITE, Karachi and is consumer of respondent No.2 since 1973. Petitioners were normally billed for the electricity till October, 1988 and there was no dispute of any kind in billing charges but suddenly in October, 1988 the respondents department started sending average bills on their own conclusion and presumption whereby increased units were shown in the previous bill. The…
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