Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)---Demand of water charges without actual supply of water---Water Board had sought leave to appeal against of the High Court allowing respondent's constitutional petition calling in question the demand of the water charges without actual supply of water---High Court was of the opinion that as no water was supplied petitioner-Board could not recover the fee or charge on their account---Demanded amount in the. notice to the extent of water charges accordingly was struck down declaring that respondent was liable to pay other charges as claimed in the impugned demand notice---Contention of petitioner-Board was that in view of Gazette notification issued by the government dated 27-3-1996, it was entitled to recover water charges irrespective of the fact whether the water was supplied directly or indirectly within the limits of petitioner's Board---Counsel for Board had brought on record two leave granting orders in that respect---Since identical questions had been raised in the petition, consistent with the practice of the Supreme Court and in order to avoid any conflict of s, leave was granted against impugned of the High Court to examine the questions raised therein. Nazir Ali v. Karachi Water and sewerage Board 2004 CLC 578 23 and All Pakistan Textile Mills Association v. Province of Sindh 2004 YLR 192 ref. ORDER RANA BHAGWANDAS, J.--- Petitioners seek leave to appeal against Sindh High Court judgment dated 4-3-2006 allowing respondent's constitutional petition calling in question the demand of the water charges without the actual supply of water. 2. In the operative part of the judgment High Court relying upon earlier judgment of Division Bench has held that admittedly no water was being supplied to the respondent by " the petitioner-Board, High Court was of the opinion that as no water was supplied,…

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