ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT, SUKKUR.

Constitution Petition No.D-802 of 2019.

Date. Order with signature of Judge

1. For hearing of CMA No. 3073/2019.

2. For Orders on office objection.

3. For Orders on CMA No. 3074/2019.

4. For hearing of main case.

30-05-2019.

Mr. Sohail Ahmed Khoso, advocates for petitioner.

Mr. David Lawrence Advocate for respondent No.2 to 5

Mr. Mehmood Sultan Khan Yousfi, DAG.

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The petitioner by way of instant constitutional petition has sought for following relief;

a) That this Honourable may direct the respondents to install the transformer of the village of the petitioner namely village Wali Muhammad Tunio, Taluka Gambat, District Khairpur, as the respondents Nos. 4 & 5 already remove it.

b) This Honourable Court may please to direct provide the electricity to the village of Agra and other villagers as per policy announce by the respondent No. 1 for city Agra Fedral.

c) To grant any other relief, which this Honourable Court deems fit and property under the circumstances of the case.

d) To award the cost of the petition.

2. At the very outset, it is contended by learned counsel(s) for the respondents that neither the petitioner is consumer of the Sukkur Electric Power Company nor he has sought any relief against the Sukkur Electric Power Company. By contending so they sought for dismissal of instant constitutional petition being in competent.

3. In response to above, it is contended by learned counsel for the petitioner that the petitioner could maintain the instant petition before this Court on behalf of his father who is consumer of Sukkur Electric Power Company and Sukkur Electric Power Company could be represented by his officials, who have already been made party in the instant petitioner. By contenting so, he sought for acceptance of the petition for the relief prayed for by the petitioner.

4. We have considered the above arguments and perused the record.

5. Obviously the petitioner is not consumer of the Sukkur Electric Power Company, the petitioner as such could not maintain the instant petition before this Court under the pretext that his father is consumer of the Sukkur Electric Power Company. If for the sake of arguments, it is believed that the petitioner could maintain the instant petition before this Court; even then the relief which the petitioner has sought for could not be granted to him simply for the reason that he has failed to join Sukkur Electric Power Company as a party being sole authority to do the needful.

In view of the above, the instant petitioner being incompetent is dismissed accordingly.

Judge

Judge

Nasim/P.A