ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P.No.D-651 of 2015.

DATE         ORDER WITH SIGNATURE OF JUDGE

                        1.         Katcha Peshi.

                        2.         For hearing of MA.3088/2015

16-04-2015.

                        Mr. Sajjad Ahmed Chandio, Advocate for petitioner.

                        Mr. Allah Bachayo Soomro, A.A.G.

                        Syed Javed I. Bukhari, Advocate for HESCO

                        alongwith Malik Imtiaz Director Surveillance, L.K Jakhrani,

                        Waseem Ahmed Kori SDO

                        ==

                        Learned counsel for HESCO has filed comments of respondents No.2 to 4. The petitioner has prayed for directions against respondents No.3 & 4 for restoration of electricity connection which was disconnected on 08.4.2015 and the Meter was also removed. In parawise comments respondent No.4 has submitted that petitioner is defaulter of electricity charges in the sum of Rs.350,000/- and while requesting for restoration  this amount has to be paid. It is further stated in the comments that petitioner was consuming electricity through illegal means as one meter was found forged and bogus. Learned counsel for petitioner vehemently denied this allegation and submits that meter was installed by the HESCO and not by the petitioner. After arguing at some length, learned counsel for petitioner, learned counsel for respondents and HESCO officials including respondent No.3 present in court agreed to a modality to settle the dispute. By consent this petition is disposed of as under:-

            Learned counsel for petitioner on instruction has agreed to deposit 50% dues with HESCO within a week and immediately upon depositing 50% amount, the HESCO official shall process the installation of new meter at the premises of petitioner. However till such time all the formalities are completed, temporary electricity connection will be given to petitioner and the units consumed will be adjusted in the next bill accordingly. Petitioner is depositing this amount under protest with the request that the matter be referred to the Committee constituted by the HESCO for deciding the complaint of consumers after providing opportunity of hearing to the petitioner. HESCO officials agreed that after depositing 50% amount, the matter will be referred to Reconciliation Committee of HESCO for deciding the complaint. The remaining payment of defaulted amount will be deposited by the petitioner subject to the final decision of the committee. The committee shall decide the complaint within two weeks in accordance with law.

                                                                                                            JUDGE

                                                                        JUDGE

ars