2000 PLP 1943 (SCMR)

JAVED IQBAL, J.

This petition for leave to appeal is directed against the order dated 24-8-1999 passed by the learned High Court of Sindh, Circuit Bench, Larkana, dismissing the Constitutional petition bearing No. D-137 of 1999 in limine preferred on behalf of the petitioner to the effect that Superintending Engineer, Executive Engineer, Sub-Divisional Officer, and WAPDA Electricity (respondents) be directed to provide electricity connection for domestic use to his house situated in village Burrira, Taluka, Ratodero, for which necessary formalities were completed.

2. Mr. M.L. Shahani, Advocate Supreme Court mainly argued that learned High Court has not appreciated the legal and factual aspects of the controversy with diligent application of mind which resulted in serious miscarriage of justice. It is urged with vehemence that the right to life is an essential right guaranteed to the citizens of the country which includes the petitioner and also includes all such amenities which enhances the right of life, and thus, dismissal of the Constitutional petition amounts to infringement of fundamental rights which is in violation of relevant provisions of the Constitution of the Islamic Republic of Pakistan, 1973.

3. We have carefully examined the contentions as agitated in the light of relevant provisions of law and record of the case. We have minutely gone through the impugned order. It is worth mentioning that the Executive Engineer, WAPDA, has made' a categoric statement before learned High Court that village Burrira, Taluka Ratodero, was not electrified and thus the question of providing electricity connection does not arise. It is an admitted feature of the case that Demand Notice was issued to deposit the requisite amount but it was so done on the basis of an incorrect report prepared by the Line Superintendent against whom disciplinary action has been initiated by the Department. An indepth scrutiny of record would lead to draw the only irresistible inference that the conclusion derived vide impugned order could not be demonstrated to be either arbitrary, fanciful or capricious and hardly calls for any interference. It may. not be out of place to mention here that functionaries of State are to function strictly within the sphere allotted to A them and in accordance with law. Therefore, an action of any authority admitted to be derogatory to any provision of the Constitution is liable to be checked and struck down but where the entire village is without electrification how direction can be given to make the electricity connection available to the petitioner. We are of the considered opinion that no fundamental right of the petitioner has been infringed.

4. For the foregoing reasons we see no substance in the petition and dismiss the same. Q.M.H./M.A.K./B-34/S Petition dismissed.