2023 PLP 2082 (YLR)
HAMEED ULLAH MARBLE FACTORY through Proprietor — Appellant Versus FEDERATION OF PAKISTAN through Federal Secretary, Finance and Revenue Division, Islamabad and 6 others — Respondents
| Citation | 2023 PLP 2082 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | HAMEED ULLAH MARBLE FACTORY through Proprietor — Appellant Versus FEDERATION OF PAKISTAN through Federal Secretary, Finance and Revenue Division, Islamabad and 6 others — Respondents |
| Primary Law | Regulation of Generation, Trans-mission and Distribution of Electric Power Act (XL of 1997) |
Q1: What are the key laws and sections cited in 2023 PLP 2082 (YLR)?
This judgment primarily cites: Regulation of Generation, Trans-mission and Distribution of Electric Power Act (XL of 1997) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2023 PLP 2082 (YLR)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2023 PLP 2082 (YLR) (HAMEED ULLAH MARBLE FACTORY through Proprietor — Appellant Versus FEDERATION OF PAKISTAN through Federal Secretary, Finance and Revenue Division, Islamabad and 6 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Umar Farooq Mohmand for Petitioner.
- Qazi Babar Irshad, D.A.G. along with Siraj Muhammad, Assistant Commissioner and Sharifullah, Assistant Director (Legal) for Respondents.
Headnotes / Summary
Ss. 7(2)(g) & 7(3)(a)
Constitution of Pakistan, Art. 199
Constitutional petition
Scope
Petitioner challenged the income tax/sales tax, etc reflected in his electricity bills
National Electric Power Regulatory Authority (NEPRA) has the exclusive jurisdiction to determine the tariff, rates, charges and other terms and conditions for supply of electric power service by the Generation, Transmission and Distri-bution Companies
For determination of any tariff, NEPRA follows its notified guideline and other indexes as provided in the Power Purchase Agreement, etc
Indeed, determination of tariff or other charges requires elaborate discussion considering various legal and factual factors in view of approved guideline of the Federal Government as well as NEPRA
High Court being a constitutional court has neither such expertise nor can make a probe in this matter
Although the petitioner had challenged the tariff on various legal grounds, however, for effective determination of the issue, the appropriate forum was NEPRA which under Ss. 7(2)(g) & 3(1) of the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997, had the authority to review its orders
High Court transmitted the petition to NEPRA for its decision after hearing the parties
Writ petition was disposed of accordingly.
Judgment & Decree
SYED ARSHAD ALI, J.
The petitioner, who has established a Marble Factory at erstwhile Federally Administered Tribal Area ("FATA") and consumer of TESCO, through this petition, challenge the income tax/sales tax etc, which is reflected in his electricity bills and prayed that the same be declared as illegal and unlawful.
2. Arguments heard and record perused.
3. National Electric Power Regulatory Authority ("NEPRA") is an Authority established under Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 ("Act"), inter alia, for granting licence under the Act, ensure efficient tariff structure and market design for efficient liquidated in power market, settle all disputes between licencee and perform any function which is incidental and consequential thereto. However, it has the exclusive jurisdiction to determine the tariff, rates, charges and other terms and conditions for supply of electric power service by the Generation, Transmission and Distribution Companies. For determination of any tariff, NEPRA follows its notified Guideline and other indexes as provided in the Power Purchase, Agreement etc. of IPPS/GENCO. Indeed, determination of tariff or other charges requires elaborate discussion considering various legal and factual factors in view of the approved guideline of the Federal Government as well as NEPRA. This Court being a Constitutional Court has neither any such expertise nor can make a probe in the said matter. Although the petitioner has challenged the said tariff on the various legal grounds, however, for effective determination of this issue, the appro-priate forum is NEPRA which under Section 7(2)(g) and Section 3(1) of the Act, the NEPRA has the authority to review its orders. Since the present petitioner has not approached the NEPRA in this regard, therefore, we would transmit this petition to NEPRA for its decision after hearing the parties. Office is directed to transmit this petition to NEPRA and retain its photocopy for the purpose of record. NEPRA is expected to decide the petition within fifteen (15) days positively after receipt of judgment of this Court.
4. The Writ Petition stands disposed of accordingly. SA/82/P Order accordingly.