ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
C.P. No.D-620 of 2020
Petitioner : Khadim
Hussain Dahot
Through Hadi Bux Bhatt, Advocate
F.O.
Pakistan : Through Muhammad Aslam, Standing
Counsel
Date of hearing : 16.07.2020
Date of Order : 16.07.2020
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O R D E R
ADNAN-UL-KARIM MEMON, J: In
the present petition, the petitioner has mainly prayed for direction to the
competent authority of the Respondent-Company to resolve his electricity
related issue on priority basis. As per pleading of the petitioner, dispute has
arisen between them relating to alleged issuance of detection bill amounting to
Rs.205,448/- for the month of June-2020 (at page-25).
We
have noticed that the detection bill has been challenged by the petitioner
before this Court rather than before the Electric Inspector, who has
jurisdiction to deal with the matter.
Learned
Counsel for the petitioner argued that the Respondent-Company is adamant to
take coercive measures against the petitioner by disconnecting electricity
connection due to non-payment of detection bill in time, as discussed supra. It
is also contended that the petitioner is constrained to invoke the jurisdiction
of this court as the respondents had failed to redress his grievance despite
passage of considerable time.
We
queried from the learned Counsel as to how this petition is maintainable in
view of remedy available to the petitioner with the electric Inspector, he
replied to the query with the assertion that the respondents have wrongly
issued the detection bill, which needs to be corrected by them, therefore, he
has rushed to this Court for redressal of his grievances, however, he states
that the respondents have not adopted the due procedure as provided under the
Electricity Act, 1910. It is next contended that he is ready and willing to
submit an application before the Electric Inspector for proper adjudication of
the matter. He lastly prayed for direction to the Respondent-SEPCO not to take
any coercive action against the petitioner.
Prima
facie, the subject matter of this petition is detection bill, which was issued
by the Respondent-Company and the matter needs to be resolved by the Electric
Inspector in accordance with sub-Section 6 of Section 26 of Electricity Act,
1910.
This
petition is disposed of with direction to the petitioner to avail remedy before
the Electric Inspector for decision on the issue involved in this petition, who
after receipt the application, shall decide the issue as raised by the
petitioner preferably within four weeks after giving notice to the parties
concerned. The petition may approach Electric Inspector within a period of 14
days from the date of this order, and until then no coercive action shall be
taken by the respondents subject to payment of monthly electricity charges.
Needless to say, once the proper approach is made, the Electric Inspector would
further regulate the matter.
JUDGE
Faisal Mumtaz/PS JUDGE