PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF PAKISTAN - For Electricity

IN THE HIGH COURT OF SINDH AT KARACHI 

C.P.D.No.           /2013

M/S Jurrat Group of News Papers,Through its Manager Zulfiqar Ahmed,S/O Mukhtar Ahmed, Muslim, Adult,
having office at Adeba Mention,
Dr. Bilmoria Street, Of.I.I.Chundrigar Road,
Karachi.                         …………….….       Petitioner. 

V E R S U S

1.                Federation of Pakistan,
Through Chairman,
National Electric Power Regulatory Authority,
OPF Building, 2^nd Floor, Shahrah-e-Jamhoriate,
G-5/2, Islamabad.

2.                The Director Consumer affairs,

National Electric Power Regulatory Authority,

OPF Building, 2^nd Floor, Shahrah-e-Jamhoriate,

G-5/2, Islamabad.

3.                Karachi Electric Supply Corporation,

Through its C.E.O, having office at 7^th Floor,

State Life Building No.11, Abdullah Haroon Road,

Saddar, Karachi.

4.                The Manager,
Business Operation Centre, BOC (Saddar-1),
Elendar Road, Old Power House,
Karachi. …………………  Respondents.

PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN

The petitioner respectfully submits as under:
1.                 That the petitioner is a manager in M/S. Jurrat Group of Newspapers and also he is responsible to deal all office affairs of Jurrat Group of Newspapers.(authority letter is attached as A)
2.                 That 5 years back, the petitioner had purchased office premises, where two electric meters i.e No. A73623 &  No.TE70372, were installed and accordingly electricity bills of same were being paid by the petitioner regularly. [The copies of bills for month of April 2010 are attached herewith as Annexure P & P1].

  

3.                 That  on-7-5-2010, the KESC representative along with meter inspection officer had visited the petitioners premises and at same time by serving notice and with out giving any single minute, they had removed both meters by disconnecting electricity. [The copy of letter dated 7-5-2010 is attached herewith as Annexure P2.]

4.                 That  thereon the whole business of newspaper of petitioner had become on stack and the petitioner was not in position to stop publish the daily publication of newspaper due to un availability of electricity or any other electric source and by making damaged his credibility and trustworthiness, so unwillingly and upon coercion, the petitioner had accepted the demands of KESC to pay amount like a extortion money. Thereafter the petitioner in hurry manners had issued two cheques (1) No.4369123 dated 08-5-2010 (2) No.1895791 dated 25-5-2010 of worth Rs. 15,00,000/= (Fifteen Lac only). [The Copies of cheques are attached herewith as annexure P3 & P4].

5.                 That thereafter KESC respondent / Respondent No.4 had restored the electricity by installing two new meters bearing Nos. (1) TE40428 & TE40467.

6.                 That the petitioner was managing to get redressed for grievances  caused through acts of KESC respondents and in the mean time the the petitioner had got received the bills of month May 2010 for both meters and accordingly the petitioner had also paid the same. It is pertinent to mention here that no arrears or demand of charges is shown in these bills. [The Copies of bills of May 2010 are attached herewith as annexure P5 & P6].

7.                 That following next month, in the month of June 2010, on 12-6-2010, the KESC respondents against newly installed, both meters, had served the petitioner again another notice for disconnection along with bill of month June-2010, in which with unreasonable manners, the KESC respondent had demanded more amount of Rs.4,50,000/=(Four Lac & Fifty thousand). [The copies of bills of June 2010 & notice dated 12-6-2010 are attached herewith as Annexure P7,P8 & P9].

8.                 That the demands of KESC respondents were like an extortion, which were quite unjustified and illegal. Thereon the petitioner was running from pillar to post for rederessal of his grievances and in this regard he had also approached to respondent No.2 but all was no to avail. [The copy of application dated 14-6-2010 & TCS report is attached herewith as annexure P10 & P11].

9.                 That Thereon & finally, the petitioner had preferred to knock the doors of honorable High Court, by filing constitution petition.CPD.No.1860/2010. Thereafter upon issuance of notice & restraining order to KESC, and for the sake to save from confrontations, The respondent No.4, out side of court, amicably & through mutual settlement, had made cleared, as no arrear against of Meter No. TE40467 and also he had forwarded his report to his high ups for removal of arrears, shown in electricity bill against Meter No. TE40428.  According to amicable talks, The Manager KESC (BOC-Saddar1), who was on duty at that time, had assured the petitioner that till the approval by KESC High ups for removal of arrears, The KESC will keep the arrears as suspended and all types of litigations will be made stopped. Thereon the petitioner had left to pursue the said petition resultantly the same dismissed for non prosecution. [The copies of last paid bills of month July, August, September 2013 against meter No. Meter No. TE40467, the copies of last paid bills of May, June, July-2013 against meter Meter No. TE40428, the Copy of petition No. CPD.No.1860/2010 and orders are attached herewith as Annexure [P12, P13, P14, P15, P16, P17 & P18].

10.            That it is a matter of record of office of the respondent No.3 & 4, that what was the disposal of forwarded report of the Manager KESC (BOC-Saddar1) for removal of arrears of Bill of June 2010, as shown in electricity bill against Meter No. TE40428. But all of sudden, The KESC respondent’s team had reached at petitioners premises to make disconnection of electricity against Meter No.TE40428, thereon, upon talks with reference of past scenario, the team left the premises with out making disconnection and the petitioner is has paid current bills. [The copy of Bill against Meter No. TE40428 for month September-2013 is attached herewith as Annexure P19].

11.            That the petitioner has served a letter dated 10-Sept-2013 to KESC respondents also, but till to date no response is shown, except sending a bill for September-2013, over it, a hand written note of new officer of your office / KESC is shown as indication that all past settlements made outside the court, were like as fraudulent gains and KESC respondent is adamant to extort unlawful and illegal charges by showing powers of unquestionable use of making disconnection the electricity. [The copies of applications to respondent No.2 and 3 and TCS receipts are attached herewith as annexure P20, P21, P22, P23 & P24].

12.            That due to illegal demands of unjustified & unknown arrears, by the respondents, the petitioner is made harassed and the ill will & excessive use of powers is a matter of record at the part of respondents.    

13.            That the petitioner is running from pillar to post from getting correction of wrongs of respondents.

14.            That the petitioner has come with clean hands and the petitioner has no alternate efficacious remedy hence has preferred to approach this honorable court.

GROUNDS

1.        That the respondent authorities have preceded the matter of petitioner in a surreptitious or in unreasonable manners.

2.  That the respondents are motivated with ill will and malice. In absence of any complaint / fault of the petitioner, to demand / extort the huge amount from petitioner amounts to violation of article 18 of the constitution.

3.  That the issuance of notice dated 12-6-2010 & arrears in bill of June-2010 are with out any justified reason and also are added in violation of principals of natural justice.

4.  That That the use of abusive powers for harassment and for disconnection of electricity on account of illegal billings and in shape of extortion amount, from the petitioner is arbitrary and illegal exercise of powers through which the business of petitioner has become on stack.

5.  That the act of respondent is sheerly discriminatory and violation of petitioners entitlement of equal treatment / protection by the law under article 25 of the constitution.

6.  That the petitioner craves leave of this honorable court to urge further ground and facts at the time of hearing of this petition.

P R A Y E R

It is therefore prayed, in interest of justice and good conscience,  that this honorable court may be pleased to:

a)     To call for upon basis of what reasons, the respondent No.3 & 4 had got issued two cheques of worth Rs.15,00,000/= (Fifteen Lac), from the petitioner.

b)     Direct the respondent No.3 & 4 to refund or adjust the amount of petitioner which has been extorted through arbitrary & illegal exercise of power.

c)      Direct the respondent No.3 & 4 to withdraw the notice dated 12-6-2010 and also imposition of arrears as shown in bill of month of June-2010 and also in other continuing bills, up to date. 

d)     Direct the respondent nO.3 & 4 to keep continue the facility of electricity to petitioner by taking current charges of current bills until the arreas are made justified through any competent forum or court of law.

e)      Direct the respondent No.1 & 2 to take necessary measures in discharge of Public function / duty in respect of above said matter.

f)       Any other relief that this honorable court may deem fit and proper in the circumstances of the case.

Karachi.                 

Dated: 19-3-2005.                                               PETITIONER

             Advocate for the Petitioner.

IN THE HIGH COURT OF SINDH AT KARACHI

                                                                C.P.D.No.           /2013 M/S Jurrat Group of News Papers,Through its Manager Zulfiqar Ahmed, …….….       Petitioner.                                                V E R S U S Federation of Pakistan & Ors.…………                  Respondents.

                                    A F I D A V I T

I, Zulfiqar Ahmed S/O Mukhtar Ahmed, Muslim, Adult, Manager, M/S Jurrat Group of News Papers, having office at Adeba Mention,  Dr. Bilmoria Street, Of. I .I. Chundrigar Road, Karachi, do hereby state on oath as under:

That I am petitioner herein as such am fully conversant with the facts of the case. The accompany petition under Article 199 of the Constitution of Pakistan has been moved on my express instructions. The contents of the same are correct and for the sake of brevity may be treated as part of this affidavit.

That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.                                               D E P O N E N T

Dated:   -10-2013.

        I identify the deponent.

                                                            A D V O C A T E             

Solemnly affirmed before me on oath by the deponent above named here at Karachi on this     day of October 2013 who has been identified to me by Mr. Farhan Khaliq Anwer, Advocate who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVITS

IN THE HIGH COURT OF SINDH AT KARACHI

                                                                                    C.P.D.No.           /2013 M/S Jurrat Group of News Papers,Through its Manager Zulfiqar Ahmed,    …….….       Petitioner.                                                     V E R S U S Federation of Pakistan & Ors.…    ……                  Respondents.

                                                                           I N D E X

S.NO.	DESCRIPTION OF DOCUMENTS	DATE	PAGE NO. FROM: TO
1.	Memo Of Petition.
2.	Affidavit in support of Petition.
3.	Annexures to the petition
4.	Application for Exemption from filing original copies.
6.	Vakalatnama

Karachi.                                                                      

Dated:                                                             Advocate for Petitioner

IN THE HIGH COURT OF SINDH AT KARACHI

                                                             C.P.D.No.           /2013 M/S Jurrat Group of News Papers,Through its Manager Zulfiqar Ahmed,  ….….       Petitioner.                                                V E R S U S Federation of Pakistan & Ors.………                 Respondents.

APPLICATION 151 C. P.C.

It is most humbly prayed on behalf of petitioner above named that this Hon’ble Court may be pleased to exempt from filing of original / certified true copy of Annexurs to the petition, as the same is not readily available with the applicant.  However, attested photocopy of the same is annexed here with for perusal of this Hon’ble Court.

Prayed in the interest of justice.

Karachi.                             

Dated:  -10-2013                    Advocate for the Petitioner.