ORDER SHEET
IN THE HIGH COURT OF SINDH,
KARACHI
C.P. No.D-7879
of 2017
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Dated: Order with signature of
Judge(s)
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1. For order on Misc. No.26124/2018
2. For order on office objection
3. For hearing of main case.
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17.08.2018
Mr. Zulfiqar Ali
Langa, advocate for the petitioner.
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1) Urgency
granted.
2) Deferred
for the time being.
3) Learned
counsel for the petitioner files a statement alongwith certain documents, which
are taken on record. K-Electric is essential and necessary party for just and
proper decision of this petition therefore, learned counsel for the petitioner
is directed to implead K-Electric through its Chief Executive Officer (CEO) as
respondent No.6 and file amended title positively by tomorrow.
Learned counsel for the
petitioner submits that the petitioner is resident of House No.A-137, Block-3,
Gulistan-e-Jauhar, Karachi and applied for new electricity connection in the
year 2014 and respondent No.1 accepted the application of the petitioner on
06.03.2014 and also allot consumer account No.40002591467 and Consumer
No.HCO11465 but no connection was given to the petitioner due to non-availability
of electric poll while the respondent No.3 granted kunda connection to the petitioner
and started charging amount as per bills issued by the respondent No.1.
Photocopies of paid electricity bill are enclosed from pages-23 to 91 with MoP.
Per learned counsel for the petitioner as the respondent No.1 started
threatening to the petitioner to disconnect the electricity of the subject
premises, therefore, he filed C.P. No.D-3992/2017 in this Court, vide order
dated 16.06.2017 the same was disposed of with direction to the respondent No.2
Electric Inspector to decide the pending application of the petitioner within a
period of one month after giving opportunity of being heard to the petitioner and
the representative of the K-Electric/respondent No.6. Photocopies of memo of
petition and order are enclosed as annexure “F and F/1” at page-93 and 127
respectively with MoP. Per learned
counsel the respondent No.2 /Electric Inspector decided application of the
petitioner in terms of direction of this Court, as referred to above vide
Decision dated 25.08.2017 available as annexure “G” at page-129 with MoP
wherein it was held that the detection bill amounting to Rs.1,39,818/- of 6024
units for the period from 04.09.2016 to 04.03.2017, has no legal and technical
ground hence to be cancelled and the opponent (K-Electric) present respondents
Nos.3 to 6 was directed to provide legal connection instead of hook connection to
the consumers without any delay after completion of codal formalities, and
revise the assessed bills after considering consumption trend of newly
installed energy meter. Learned counsel for the petitioner further contends
that respondent No.6/K-Electric filed Appeal bearing No.168-POI-2017 against
the present petitioner before the NEPRA, which was dismissed on 17.04.2018 with
certain directions but till this date such directions have not been complied
with by the respondents Nos.3 to 6. However, contrary to complying with the
direction of the NEPRA and Electric Inspector, the respondents No.3 to 6 are
trying to disconnect the electricity of the subject premises.
Repeat notice to the
respondents No.3 to 5 as well as newly added respondent No.6 for 04.09.2018. Till next date of hearing,
the respondents Nos.3 to 6 are restrained from disconnecting the electricity of
the petitioner premises.
JUDGE
JUDGE