| Case ID |
1e209f7e-8896-4ce7-98c1-907df49c4715 |
| Body |
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| Case Number |
Writ Petition No. 3573-P of 2022 |
| Decision Date |
Sep 28, 2022 |
| Hearing Date |
Sep 28, 2022 |
| Decision |
The Peshawar High Court dismissed the constitutional petitions on the grounds that the petitioners had an alternate remedy available under the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997. The court emphasized the principle of exhaustion of remedies, stating that the petitioners must first avail themselves of the statutory remedy before seeking relief under Article 199 of the Constitution. The court further clarified that the presence of an alternate remedy is not merely a principle of law but a practice followed in judicial proceedings. The petitions were dismissed as maintainable, allowing the petitioners to seek relief through the appropriate statutory channels if desired. |
| Summary |
This case revolves around the Peshawar High Court's decision regarding the imposition of a maximum demand indicator in electricity bills affecting the petitioners, Cherat Cement Co. Ltd. The petitioners challenged the decision made by the National Electric Power Regulatory Authority that led to this imposition. The court ruled that adequate remedies were available under the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997, specifically sections 7(g) and 12-A, which provide mechanisms for addressing grievances related to tariff determinations. The court's ruling underscores the importance of exhausting statutory remedies before invoking constitutional jurisdiction, a significant principle in administrative law. The findings of this case contribute to the body of case law interpreting the boundaries of judicial review and the interplay between statutory remedies and constitutional rights in Pakistan. |
| Court |
Peshawar High Court
|
| Entities Involved |
Federation of Pakistan,
PESCO,
Cherat Cement Co. Ltd.,
TESCO
|
| Judges |
Rooh-ul-Amin Khan,
Shakeel Ahmad
|
| Lawyers |
Isaac Ali Qazi,
Aamir Javed, Additional Attorney General,
Sana Ullah, D.A.G.,
Asad Jan,
Muhammad Tofeeq, Law Officer (PESCO),
Amir Nawaz, Deputy Director (TESCO)
|
| Petitioners |
Messrs CHERAT CEMENT CO. LTD., NOWSHERA through Senior Manager Accounts
|
| Respondents |
FEDERATION OF PAKISTAN through Federal Secretary, Ministry of Energy (Power Division), Islamabad and others
|
| Citations |
2023 PLD 46,
2023 SLD 1899
|
| Other Citations |
Human Rights (Environmental Pollution in Balochistan PLD 1994 SC 102,
Abdur Rehman PLD 1987 SC 21,
Allah Bakhsh v. Muhammad Ismail 1987 SCMR 810,
Moula Bux alias Mouledino v. Station House Officer, Police Station Hatri Ghulam Shah and 2 others 2003 YLR 1316
|
| Laws Involved |
Constitution of Pakistan, 1973,
Regulation of Generation Transmission and Distribution of Electric Power Act, 1997
|
| Sections |
199,
7(g),
12-A,
31
|