| Case ID |
028ae8e4-1361-4a98-ba82-fd2bc76d4f6d |
| Body |
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| Case Number |
Writ Petition No. 8689 of 2005 |
| Decision Date |
May 17, 2006 |
| Hearing Date |
|
| Decision |
The Lahore High Court held that the Secretary of the Irrigation and Power Department did not fulfill the legal requirements for making a final decision regarding the detection bill. The court emphasized that mere approval of the recommendations by the Secretary was insufficient and did not constitute a lawful decision. The court ruled that the Secretary must consider the matter afresh, affording the parties an opportunity to present their case, as the procedure outlined in the Electricity Act, 1910 was not followed. Consequently, the demand made from the petitioner was declared to have no valid basis and was rendered of no legal effect. |
| Summary |
In the case of Messrs SHEIKH SPINNING MILLS LTD. vs. GOVERNMENT OF PUNJAB, the Lahore High Court addressed the procedural inadequacies in the handling of a detection bill under the Electricity Act, 1910. The court found that the Secretary of the Irrigation and Power Department failed to provide a proper final decision, as required by law. The recommendations made by the Special Committee were not sufficient to constitute a final decision, and the Secretary's mere approval of these recommendations was deemed legally ineffective. The court underscored the importance of due process, mandating that the Secretary reconsider the case, allowing the parties to present their arguments. This case highlights critical elements of administrative law and procedural fairness, emphasizing the necessity of a comprehensive decision-making process in governmental operations, especially in matters affecting consumers. The ruling reinforces the legal principle that decisions must be made after proper consideration and not merely through administrative approvals. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ZAHID HUSSAIN, J
|
| Lawyers |
Ms. Nadia Nabbi,
Ch. Aamer Rehman, Addl. A.G. Punjab,
Muhammad Ilyas Khan for WAPDA
|
| Petitioners |
Messrs SHEIKH SPINNING MILLS LTD.
|
| Respondents |
5 others,
Secretary,
GOVERNMENT OF PUNJAB, IRRIGATION AND POWER DEPARTMENT
|
| Citations |
2006 SLD 530,
2006 PLD 603
|
| Other Citations |
Muhammad Ramzan v. Trustees of Port of Karachi 1990 CLC 1086,
Ghulam Mohi-ud-Din v. Chief Settlement Commissioner (Pakistan), Lahore and others PLD 1964 SC 829,
Fazal Dad and 2 others v. Member, Board of Revenue (Colonies) West Pakistan and another PLD 1977 Lah. 264
|
| Laws Involved |
Electricity Act, 1910
|
| Sections |
26(6)
|