2007 PLP 1777 (MLD)
Syed QAMAR ALI SHAH — Petitioner Versus S.D.O. WAPDA and others — Respondents
| Citation | 2007 PLP 1777 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Syed QAMAR ALI SHAH — Petitioner Versus S.D.O. WAPDA and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2007 PLP 1777 (MLD)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1777 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1777 (MLD) (Syed QAMAR ALI SHAH — Petitioner Versus S.D.O. WAPDA and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Javed Iqbal Jafaree for Petitioner.
- M. Mudassar Badla, Legal Advisor for the L.D.A. for Respondent.
- MUHAMMAD MUZAMMAL KHAN, J.---Petitioner is not only one of the senior most members of the Lahore High Court Bar Association but is also a world class public interest Lawyer, enrolled since, 1959. He is running a non profitable, non commercial public interest organization in the name of "PINHUR" and has genuinely served public interest; without any monetary benefits. He complained that premises in his use i.e. 11-Umer Plaza 1-Mozang Road, Lahore, was equipped with supply of 220 voltage of electricity and he had been paying exorbitant bills on commercial rate though non-commercial activities were not being undertaken by his office. He also voiced grievance about supply of low voltage, which was not attended by the A WAPDA Authorities inspite of repeated representations. Alike problems were faced by Syed Muhammad Jawaid Iqbal Jafree, Advocate, at his residence situated at Main Boulevard, Gulberg Lahore. According to him, LESCO is newly created electric supply company and should not make any profit out of supply of electricity, as customers like the petitioner are not being burdened with any' such charge in any of the countries on the Globe. A direction in constitutional jurisdiction of this Court was prayed to be issued in this behalf.
Headnotes / Summary
Art. 199
Constitutional petition
Petitioner was not only one of the senior most members of Lahore High Court Bar Association, but was also, world class public interest lawyer enrolled since 1959 sand was running anon-profitable, non-commercial public interest organization and had genuinely served .public interest, without any monetary benefits
Petitioner had .complained that. premises in his use, was equipped with supply of 220 Voltage of electricity and he had been paying exorbitant bills on commercial rate--Grievance of petitioner was about supply of low voltage, which was not attended to by WAPDA authorities despite repeated representations
Stance canvassed in the constitutional petition, rested on disputed factual controversy, requiring determination ,through detailed inquiry/recording of evidence, which exercise could not be undertaken while discharging jurisdiction under Art.199 of the Constitution
Matter could be brought to the notice of concerned competent authority, which could take remedial steps on the basis of its own inquiry/inspection.
Judgment & Decree
MUHAMMAD MUZAMMAL KHAN, J.
Petitioner is not only one of the senior most members of the Lahore High Court Bar Association but is also a world class public interest Lawyer, enrolled since, 1959. He is running a non profitable, non commercial public interest organization in the name of "PINHUR" and has genuinely served public interest; without any monetary benefits. He complained that premises in his use i.e. 11-Umer Plaza 1-Mozang Road, Lahore, was equipped with supply of 220 voltage of electricity and he had been paying exorbitant bills on commercial rate though non-commercial activities were not being undertaken by his office. He also voiced grievance about supply of low voltage, which was not attended by the A WAPDA Authorities inspite of repeated representations. Alike problems were faced by Syed Muhammad Jawaid Iqbal Jafree, Advocate, at his residence situated at Main Boulevard, Gulberg Lahore. According to him, LESCO is newly created electric supply company and should not make any profit out of supply of electricity, as customers like the petitioner are not being burdened with any' such charge in any of the countries on the Globe. A direction in constitutional jurisdiction of this Court was prayed to be issued in this behalf.
2. Having heard the case and perused the record, it became apparent that stance canvassed in this petition rested on disputed factual controversy, requiring determination through detailed inquiry/recording of evidence but such exercise cannot be undertaken while discharging jurisdiction under Article 199 of the Constitution of this country. These canons have already attained finality through consistent judgments of the Honourable Supreme Court of Pakistan, right from the case of The Province of East Pakistan v. Kshiti Dhar Roy and others (PLD 1964 SC 636) upto date, including the case of Muhammad Younas Khan and 12 others. v. Government of N. W.F.P. through Secretary Forest and Agriculture, Peshawar and others (1993 SCMR 618). In spite of this constitutional handicap, it is obvious that the XEN Civil Lines Lahore/DMO of LESCO is overall incharge of his discipline and a person competent to take remedial steps, thus it is appropriate that matter be brought to his notice by a fresh application to be filed/remitted by the petitioner which if moved, will immediately be attended. The XEN/DMO, LESCO will personally visit to both the premises of the petitioner and would take remedial steps on the basis of his own inquiry/inspection without being influenced by instant order. He will submit compliance report to the Deputy Registrar (Judicial) of this Court. With these observations, this writ petition is disposed of. H.B.T./Q-4/L Order accordingly.