ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P.No.D- 1645 of 2016

DATE ORDER WITH SIGNATURE OF JUDGE

For Katcha Peshi.

29.06.2016.

Petitioner present in person.

Mr. Riaz Ahmed Mangrio filed Vakalatnama of Mr. Muhammad Arshad S. Pathan, Advocate for HESCO.

M/s L.K. Jakhrani, A.D.G (Legal), Sarfraz Ahmed XEN Phuleli and Aladin K.K. SDO Phuleli, HESCO are also present.

It is inter-alia contended by the petitioner that he is residing at Tando Mir Mehmood Hyderabad alongwith his family. He is consumer of HESCO and the meter number is also mentioned in the petition. He also claims that he is regularly paying the bills but since 25^th June, 2016, there was an electricity break down in the area and it is alleged that HESCO officials are demanding money for re-fixing the same. He has prayed for directions against HESCO to restore the electricity connection and to fix the new transformers in the area.

Since the entire locality is facing the similar problem, therefore, many residents of the same vicinity are also present in Court. The XEN and SDO HESCO state that due to some defects in the transformers, four transformers were removed for repair purposes and after repair same have been installed and electricity has been restored in the entire area. Some of the persons of the same locality raise the grievance that still they are facing disconnection though their bills are paid.

On the contrary, the HESCO officials submit that after removing of the meters due to non-payment, the said persons are still enjoying the electricity unlawfully, therefore, detection bills have been issued to them. It is further stated that despite the approach of HESCO time and again, the said persons are not interested to make the payment for installation of their new meters while the HESCO is willing to install new meters in accordance with law.

In view of the above, this petition is disposed of in the following terms:-

i. The electricity connection has already been restored however the petitioner submits that transformers are very old so directions be issued to change them. In this regard, HESCO officials will make a survey and if any transformer is found defective or replacement is required, the HESCO officials will make alternate arrangement and replace the transformer.

ii. The area residents informed that Abdul Karim alias Aqil Samoon, one of the consumers of HESCO who is also present may represent them. The XEN and SDO HESCO are directed to carry out a survey of Tando Mir Muhammad Hyderabad locality where Mr. Abdul Karim alias Aqil Samoon will accompany them and in his presence the survey will be conducted and if it is found that meters are missing or not installed at any premises, the said consumer/occupant of premises will apply for meter and the meter will be installed in accordance with the procedure laid down by the HESCO. So far as the arrears are concerned, it is further agreed that reasonable installments will be made for the payment of arrears alongwith current bill’s payment regularly.

iii. So far as issue of excess billing is concerned, it is open for the consumers to file proper application to the Electric Inspector in accordance with Electricity Act and that will be decided in accordance with law. It is further stated by the HESCO officials that at some places they found Kunda connections, it is for them to deal this issue in accordance with law.

JUDGE

Tufail