2011 PLP 1491 (YLR)

CH. MUHAMMAD TARIQ, J.

Learned counsel for the petitioner inter alia contends that the petitioner is a registered partnership firm who owns. a CNG Filling Station at Chak No.226/RB, near Ravi Garden, Satyana Road, Faisalabad. The petitioner after obtaining licence installed a gas connection. In the sanction letter for gas connection, there was no restriction/condition on the use of gas on any working day in the week.

2. That on 26-4-2010 respondent No.1 served the petitioner with a notice that there will be one holiday per week. The petitioner is aggrieved of the above said notice which is against the terms and conditions of agreement executed between the petitioner and respondent No.1, therefore, impugned notice dated 26-4-2010 be declared to have been issued without any lawful authority and of no legal effect.

3. Conversely learned counsel for respondents Nos.1 and 2 have vehemently opposed this writ petition and has also submitted report and parawise comments. Learned counsel contends that gas holiday has been observed in accordance with Clauses (21) and (22) of the Gas Sales Contract. The petitioner has got alternate remedy in shape of complaint and appeal which has been provided in the Oil and Gas Regulatory Authority Ordinance, 2002. The petitioner has not challenged the Government Policy under which answering respondents have communicated letter to the petitioner, therefore writ petition be dismissed.

4. Arguments heard. Record perused.

5. Perusal of record shows that the agreement was executed between the petitioner and answering respondents on 26-1-2008. The condition Nos.21 and 22 of the agreement is relevant for the disposal of this writ petition which is reproduced as under:--' "

21. As the production of Gas from wells, Purification Plants and Conveyance of it our long distance or subject to accidents, interruptions and failures the lines to breaking, freezing and closing which cannot be foreseen or prevented by any reasonable care or expenditure and the supply of gas and transportation facilities therefore, are limited, the company does not by this contract undertake to furnish to the consumer a full and uninterrupted supply of gas but only to furnish such supply and for such length of times as it reasonably can and it is expressly agreed by the consumer that the company shall not be liable for any loss damage, or injury that may result either directly or indirectly due to interruption in the supply of gas, or in the discontinuance thereof from any cause whatsoever. The company shall in its sole judgment have the right to reduce or interrupt or completely suspend gas supply due to any of the aforesaid reasons to its consumers shall be sole judge with regard to such conditions. (22) The company shall have the right to curtail deliveries of gas to consumers contracting to purchase in excess of 1,000,000 cu. ft. per month or its equivalent in metric measure whenever and to the extent necessary in its sole judgment the protection of service to its other consumer may require the company shall be sole judge with regard to such condition and curtailment of deliveries."

6. The execution of agreement is admitted between the parties which was reduced in writing and was signed by the parties and their witnesses. Paras Nos.21 and 22 of the agreement delegate powers upon the answering respondents to curtail the gas delivery whenever it is so necessary. At the time of execution of agreement, the petitioner consented that the company shall have the right to close or interrupt natural gas supply. There ' is no cavil in it that there is severe power shortage in the country and it is the Federal Government who has decided to curtail the supply of gas to the CNG Stations keeping in view the difficulty of domestic consumers and industries.

7. The contention of the learned counsel for the petitioner that the petitioner is being discriminated is misconceived because the sanction on the supply of sui gas has been implemented throughout the country without any discrimination and learned counsel, for the respondents have rightly pointed out that letter dated 26-4-2010 is a mere communicating letter of the Policy of the Federal Government which has been issued in conformity with the Federal Government Policy. The petitioner has not challenged the Federal Government Policy whereby the Federal Government has imposed weekly sanction on the supply of gas to the CNG Stations. This writ petition is misconceived. Order accordingly. M.H./M-581/L Petition dismissed.