Law:

Section:

Electricity Act (IX of 1910)-------Ss. 14 & 26---Constitution of Pakistan (1973), Art.185(3)---Issuance of bills on average basis being on higher side than actual reading as shown by Check-Meter installed by the Authority itself---Validity---Reading of Check-Meter could prima facie establish average consumption of electricity by petitioner---No reason was given by Authority for increasing average units consumption and for not accepting reading of Check-Meter---Burden was on the Authority to prove that reading shown by Check-Meter was not acceptable for some cogent reason, which burden the Authority had failed to discharge---Nothing was available on record to suggest tampering with Check-Meter by petitioner, which was under exclusive control of the Authority---High Court rightly accepted constitutional petition and set aside the impugned order---Petition for leave to appeal was dismissed by the Supreme Court against the of High Court. Sohail Rana and Akhlaq Ahmad Siddiqui, Advocate-on-Record for Petitioner. Izhar Alam Farooqi, Advocate-on-Record for Respondent No.1. Nemo for Respondents Nos.2 and 3. ORDER M. JAVED BUTTAR, J.---This petition for leave to appeal under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 is directed against the judgment, dated 21-5-2003 passed by a learned Division Bench of High Court of Sindh, Karachi whereby Constitutional Petition No.D-1974 of 1999 instituted by respondent No.1 challenging Order No.5067 dated 27-12-1990 passed by respondent No.3/Electric Inspector, (Karachi Region) and order dated 6-11-1999 passed by respondent No.2/Secretary, Irrigation and Power Department, Government of Sindh, was allowed, and the above orders impugned before the High Court, were set aside. 2. The relevant facts are that respondent No.1 is running a Manufacturing Unit of Polyester Yarn at Plot No.B-40, SITE, Karachi. They felt aggrieved because of the average bills of electricity showing increased units from October, 1998, issued by the petitioner. They lodged complaints and disputed the petitioner's action under sections 14 and 26 of the Electricity Act, 1910 (hereinafter referred to as the "Act"). On 6-1-1990…

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