YLR 2007

2007 PLP 272 (YLR)

Syed UMAIR AKHTAR — Petitioner Versus LESCO and others — Respondents

Jurisdiction / Court
Lahore
Decided Date
Writ Petition No.5727 of 2006, decided on 8th November, 2006.
Honorable Judges
Syed Zahid Hussain, J
Case Reference Summary (AEO Optimized)
Citation 2007 PLP 272 (YLR)
Forum / Court Lahore
Bench Members Syed Zahid Hussain, J
Parties Syed UMAIR AKHTAR — Petitioner Versus LESCO and others — Respondents
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2007 PLP 272 (YLR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2007 PLP 272 (YLR)?

The case was heard and decided by the Lahore bench comprising: Syed Zahid Hussain, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2007 PLP 272 (YLR) (Syed UMAIR AKHTAR — Petitioner Versus LESCO and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Muhammad Irfan Sheikh for Petitioner.
  • Umer Sharif with Muhammad Zubair, S.D.O. for Respondent.

Headnotes / Summary

Art. 199

Constitutional petition

Maintainability

Allegation of theft of energy

Petitioner, tenant of a shop, had assailed electricity detection bill, alleging that same had been issued illegally for which there was no justification

Department had challenged locus standi of the petitioner to maintain petition on the ground that he was not consumer as according to record another person was the consumer

Said assertion of department found support from the notice issued to the other person

Allegations and counter-allegations qua theft of energy, would entail full-fledged factual probe

Appropriate remedy in circumstances being a suit before the civil court, constitutional petition was dismissed. Multan Electricity Power Company Ltd. through Chief Executive and another v. Muhammad Ashiq and others PLD 2006 SC 328 ref.

Judgment & Decree

SYED ZAHID HUSSAIN, J.

Detection bill for Rs.2,55,035 is sought to be assailed by the petitioner that he is running a Plastic Molding Factory in the rented premises and that the said bill has been issued illegally for which there is no justification. In the reply filed by the respondents, the locus standi of the petitioner to maintain petition has been challenged on the ground that he is not the consumer as according to the record, Muhammad Qadeer was the consumer. Such an assertion of the respondents find support from the notice issued to Muhammad Qadeer. F.I.R. No.166 of 2006 registered against him who then was granted bail on his application and also the detection bill issued to him. Moreover, the allegations and counter allegations qua theft of energy entail full-fledged factual probe. In view of the judgment of Hon'ble Supreme Court of Pakistan in Multan Electricity Power Company Ltd. through Chief Executive and another v. Muhammad Ashiq and others (PLD 2006 SC 328), the appropriate remedy in the circumstances is a suit before the civil Court. The petition is dismissed accordingly. H.B.T./U-12/L Petition dismissed.