2012 PLP 394 (CLD)

RIAZ AHMAD KHAN, J.

This judgment is directed to dispose of Writ Petition No.3190 of 2010.

2. Brief facts of the case, are that the petitioner is a Private Limited Company, engaged in the business of provision of Telecommunication Services. The petitioner was issued show cause notice dated 10-5-2010 under section 23 of the Pakistan Telecommunication (Re-organization) Act, 1996 by the Pakistan Telecommunication Authority. By virtue of the said show cause notice, the petitioner was asked to remedy the contraventions, mentioned in the show cause notice, by submitting International Incoming Traffic Data for the months of January, February, March, 2010 immediately of issuance of this notice and also to explain in writing within 30 days of the issuance of the notice, as to why the license should not be suspended, terminated or any other enforcement order should not be passed against the petitioner. The petitioner challenged the said show cause notice through the present writ petition.

3. Learned counsel for the petitioner contended that the information required was already provided to the respondents, but even then the respondents intended to suspend or terminate the license.

4. On the other hand, learned counsel for the respondents submitted that the petitioner has concealed the actual facts and has not come to the Court, with clean hands. The learned counsel further submitted that the petitioner has on one hand challenged the vires of APC Rules and on the other hand has filed three writ petitions, which are pending in this Court; the only object of the petitioner is to avoid the payment and submission of actual information, to the respondents. The learned counsel further contended that the required information was never provided to the respondents and in addition to that, impugned show cause notice cannot be challenged in writ petition, as no adverse order has been passed against the petitioner.

5. I have heard learned counsel for the parties and have also perused the record.

6. Rule 12(1)(a) of the Access Promotion Rules 2004 provides that:-- "12 Reporting requirements.

(1) A LDI Licensee shall report to the Authority on a monthly basis the following information, namely:- (a): The total number of minutes of Incoming International Telephony Service that is carried by that LDI Licensee and delivered to the telecommunication system of each LL Licensee and Mobile Licensee by country of origin." Through the impugned show cause notice, the petitioner was asked to provide the information, as required in the above said rule. No adverse order has been passed against the petitioner and mere show cause notice cannot be challenged, in the writ jurisdiction. Reference in this respect may be made on 2000 SCMR 1017. The instant writ petition is not maintainable and is accordingly dismissed, with costs. M.W.A./6/ISL. Petition dismissed.