ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitution Petition No. D – 2095 of 2023

Date	Order with signature of Judge

FRESH CASE

1. For orders on Misc. No. 10110/2023 (Urgent).

2. For orders on Misc. No. 10111/2023 (Exemption).

3. For orders on Misc. No. 10112/2023 (Stay).

4. For hearing of Main Case.

28.04.2023:                

Mr. Ameen M. Bandukhda, Advocate for Petitioners.

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                        1.         Granted.

                        2.         Granted subject to all just exceptions.

                        3&4.     Through instant petition, the petitioners, who according to learned counsel for the petitioners, are industrial entities engaged in textile businesses having their units at Karachi Export Processing Zone Authority (KEPZA), have impugned the decision of the NEPRA dated 06.03.2023 followed by SRO No.293(I)/2023, dated 07.03.2023 as well as challenged the vires of Section 31(8) of the Regulation of Generation, Transmission & Distribution of Electric Power Act, 1997, whereby, according to learned counsel, additional surcharge for PHL markup for K. Electric at the rate of 3.82kwh in the consumption of electricity on the industrial units has been levied without any lawful authority, as according to learned counsel, such authority only vests in the Federation by way of enactment. Per learned counsel, the similar decision and the aforesaid SRO has already been challenged before this Court through Constitution Petition No.D-1500/2023, wherein, vide order dated 27.03.2023 notices have been issued to the respondents and the Attorney General of Pakistan, whereas, interim relief has been granted to the petitioners, who have been allowed to deposit the disputed amount before the Nazir of this Court through pay order/bank guarantee with further direction to make payment of remaining electricity bills to the respondents. In support of his contention, learned counsel for the petitioners has referred to aforesaid order passed by this Court, copy of which has been annexed at pages 351 to 357.

                                    Learned counsel for the petitioner further submits that similar petition i.e. C.P. No.D-1937 of 2023 is pending before this Court, wherein, Notices have also been issued to the respondents and the interim relief has been granted, therefore, requests that instant petition may also be directed to be taken up alongwith aforesaid petition and other identical/connected petitions, whereas, the interim relief granted to them may also be extended in the case of petitioners.

Let pre-admission notice be issued to the respondents as well as Attorney General for Pakistan in terms of Order XXVII-A, CPC, to be served through first three modes, for 04.05.2023, when instant petition may be taken up alongwith aforesaid petition and other identical/connected petitions, whereas, reply/comments, if any, shall be filed before the next date of hearing with advance copy to learned counsel for the petitioners. In the meanwhile, interim relief granted to the petitioners in the above-mentioned petitions shall apply mutatis mutandis in the instant petition.

At this juncture, learned counsel for the petitioner submits that since the last day has expired today, therefore, requests that respondents may be directed not to charge late payment surcharge till next date of hearing.

JUDGE

JUDGE

Farhan/PS.