1999 PLP 2077 (MLD)
Mir NABI BAKHSH KHAN KHOSA — Appellant Versus PROVINCE OF BALOCHISTAN through Collector, Jaffarabad and 6 others — Respondents
| Citation | 1999 PLP 2077 (MLD) |
| Forum / Court | Quetta |
| Bench Members | N/A |
| Parties | Mir NABI BAKHSH KHAN KHOSA — Appellant Versus PROVINCE OF BALOCHISTAN through Collector, Jaffarabad and 6 others — Respondents |
| Primary Law | (b) Administration of justice, (a) Electricity Act (X of 1910) |
Q1: What are the key laws and sections cited in 1999 PLP 2077 (MLD)?
This judgment primarily cites: (b) Administration of justice, (a) Electricity Act (X of 1910) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 2077 (MLD)?
The case was heard and decided by the Quetta bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 2077 (MLD) (Mir NABI BAKHSH KHAN KHOSA — Appellant Versus PROVINCE OF BALOCHISTAN through Collector, Jaffarabad and 6 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ayaz Sawati for Respondents.
- 3. It is mainly contended by Mr. Muhammad Aslam Chishti, Advocate that the learned trial Court has not taken into consideration the provisions as contained in section 24 of Electricity Act, 1910 where under a notice was mandatory before the provisions as contained in section 54-C of the said Act could be pressed into service which resulted in serious miscarriage of justice and as such the impugned order is liable to be set aside. It is next contended that no notice whatsoever was served under section 24(1) and more so the supply was not disconnected as such the learned trial Court should have exercised its jurisdiction which was declined without any lawful justifiable excuse. It is also argued that computerized bills were never issued in the name of appellate as such he was not responsible for its payment.
- 4. Mr. Ayaz Sawati, Advocate appeared on behalf of respondents and strenuously controverted the view-point as canvassed by Mr. Muhammad Aslam Chishti, Advocate and contended that no illegality or irregularity whatsoever has been committed by the learned trial Court and the suits were dismissed strictly in accordance with law. In order to substantiate his contention Mr. Ayaz Sawati referred the provisions as contained in section 54-C which imposes a bar of jurisdiction on Civil Courts under peculiar circumstances which according to him were 0'ailable in this case. It is further contended that the amount in question should be paid by the appellant and thereafter correction may be sought by following the prescribed procedure. On the question of notice the learned counsel contended that issuance of bill can be equated to that of notice which was received by the appellant who did not allow the WAPDA Authorities to discontinue the supply being an influential person and Exh-M.N.A. of the area. He assured that after the payment of requisite amount necessary correction would be made and in case of additional payment the surplus amount would be refunded.
- 5. I have carefully examined the respective contentions as adduced on behalf of appellant and for respondents in the light of relevant provisions of law and record of the case. The suits have been dismissed in view of the bar as contained in section 54-C of the Electricity Act, 1910 which is reproduced hereinbelow for ready reference:--
Headnotes / Summary
S.54
C
Ingredients contained in provision of S.54-C, Electricity Act, 1910 enumerated.
Law should lean in favour of adjudication of causes on merits, but said principle could not be allowed to be exploited by litigant by keeping proceedings in abeyance through hide and seek measures and then to turn around when an order had been passed against him to seek reversal thereof and further prolong the proceedings.
Judgment & Decree
DETAILED REPORT REGARDING VILLAGE HEIR DIN PERTAINS TO MIR NABI BAKHSH KHAN KHOSO. Sub-Divisional Officer. Operation Sub-Division (E), WAPDA, Dera Murad Jamali alongwith his staff has visited the village Heir Din pertains to Mr. Nabi Bakhsh Khan Khoso on 27-9-1997 for disconnection of his connection as a defaulter of Mir Nabi Bakhsh Khan Khoso premises. The villagers and his relatives are not allowing disconnecting the premises with full resistance. The detailed record of Heir Din Village was verified, from where it was revealed that 17 No private connections are exist at our record and all of them are defaulters. The Line Superintendent concerned has already deputed one of his official for delivering the electricity bills alongwith notices of disconnections on 23-9-1997. The defaulters refused to receive the notices so the official has pasted the notices on the permanent place of the residences. The list is enclosed for ready reference. Due to hindrances of disconnections on individual basis line is disconnected from II KV of new Sohbat Pur Feeder fed to Heir Din Village on 30-9-1997. Whereas the factual detailed report to Mir Nabi Bakhsh Khan Khoso premises treated as Otak is submitted 'separately. Further, it is added that as far as our available record is concerned no payment has been made by him on account of electricity bills to his premises. (Sd.) Executive Engineer. Operation Division (E), WAPDA, Sibi.' Necessary details regarding the bills in question were also furnished which run as follows:-- S.No Name and Address. A/C No. Outstandg amount. 1. .. .. .. 2. .. .. .. 3. .. .. .. 4. .. .. ..
5. N'abi Baksh Village Heir Din Sohbatpur. 01-00239805 5,60,410 6. .. .. .. 7. .. .. .. 8. .. .. .. 9. .. .. .. 10. .. .. .. 11. .. .. .. 12. .. .. .. 13. .. .. .. 14. .. .. .. 15. .. .. .. 16. .. .. .. 17. .. .. .. 18. .. .. .. This is a classic example of deteriorating law and order situation. It has been observed with grave concern that on the one hand there is extreme high handedness which depicts the peculiar characteristic of 'feudalism' and on the other hand an abortive attempt is being made to get the matter prolonged by mentioning fine technicalities of law. I am conscious of the fact that 'law should lean in favour of adjudication of causes on merits but this principle cannot be allowed to be exploited by litigant by keeping the proceedings in abeyance 8 through hide and seek measure and then to turn around when an order has been passed against him to seek reversal thereof and further prolong the proceedings". By now neither a single penny has been deposited nor discontinuation of supply allowed on the basis of influence/force and a Court of law cannot remain oblivious of the situation. The Superintending Engineer WAPDA is directed to take action in accordance with law and supply be discontinued if the requisite amount is not deposited which will be subject to adjustment. The correction of bills be got made by the appellant at his own by following the prescribed procedure. The appellant after depositing the requisite amount may approach the Court of law and in such case the provisions as contained in section 54-C of Electricity Act, 1910 will not come in his way, which provides adequate relief and safeguards to all concerned. The upshot of the above discussion would be that the appeals being devoid of merit are dismissed. H.B.T./740/Q Appeals dismissed.