Const. P. 8680/2017 (D.B.) Sindh High Court, Karachi

Sindh High Court · 2021 · Before Muhammad Faisal Kamal Alam

The instant petition has been filed on the ground that the Respondents have failed to perform their duty in accordance with law and seeking directions to the Respondents to immediately reinstall four meters at the premises of the petitioner situated at Plot No.431, Noor Khan Goth, Sector 11-A, Scheme No.33, Gujro, Gadap Town, Karachi. Mr. Nadir Khan Burdi, advocate has appeared on behalf of the petitioner and stated that the petitioner is running his business since last 17 years in the said premises and in the year 2010 applied to the SSGC for installation of four gas meters. It is also the contention of the learned counsel for the petitioner that the petitioner has never defaulted in making the payment of the bills. However, on 30.08.2017 a raid was conducted on factory by the staff of SSGC and the four meters installed on the factory were removed and four new meters were installed. Thereafter the removed meters were inspected and it was SM/PS 2 found that manipulation in the meters / gas connections have been made by the petitioner and the meters / gas connections meant for domestic use have been used for industrial / commercial purposes. Thereafter the department carried out legal proceedings against the petitioner, which included lodging of the FIR bearing No.45/2017 under Section 24 r/w Section 15/17 of Gas Theft Control and Recovery Act, 2016. The petitioner was apprehended in the said FIR and was produced before the Magistrate. The petitioner then got bail from the concerned Magistrate, which was subsequently confirmed. Counsel has referred to Order dated 18.10.2017 (at page 61) that report submitted under Section 173 of Cr.P.C was ordered in „C‟ class and criminal prosecution ended in petitioner‟s favour. In the meantime the SSGC demanded a sum of Rs.6,00,000/- (Rupees Six Lac) from the petitioner being penalty / fine for reinstalling / restoration of the meters which was paid by the petitioner. The petitioner also availed the legal remedy by filing a representation before the OGRA Authorities and the OGRA Authorities vide order dated 09.02.2018 decided the matter partially in favour of the petitioner by directing SSGC to restore the two disconnected meters immediately. However, the penalty / fine imposed upon the petitioner for two meters were confirmed. He submitted, it is pertinent to note that no appeal against the said order of the OGRA was preferred by SSGC. The counsel therefore submitted that in view of the above explained position the gas meters / connections may be restored. Mr. Khursheed Javed, DAG appearing for Respondent No.1 has supported the stance of the petitioner to the extent of decision of OGRA (Respondent No.2) dated 09.2.2018 appended with its comments, and contends that SSGC / Respondent No.3 is under legal obligation to restore the meters / gas connections of the petitioner and to comply with the order of the OGRA. 3 The counsel for OGRA Mr. Muhammad Ather, advocate has also supported the above stance of learned DAG. Mr.

Opening of the judgment. Loading the full judgment on LexPK…