| Case ID |
f5e91728-4ad4-4625-a232-6c62380cc8b6 |
| Body |
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| Case Number |
Constitutional Petition Nos. 893 D of 1978 |
| Decision Date |
Nov 02, 1978 |
| Hearing Date |
Oct 22, 1978 |
| Decision |
The Sindh High Court ruled that the petition under Article 199 of the Constitution cannot be entertained in cases where there is a contractual relationship between the Karachi Development Authority (KDA) and individual consumers regarding the fixation of water charges. This establishes a precedent that contractual disputes fall outside the purview of constitutional petitions. The court emphasized the importance of adhering to contractual obligations and the appropriate legal avenues for resolving such disputes, thus reinforcing the jurisdictional boundaries of constitutional writs in matters of contractual law. |
| Summary |
The case revolves around the constitutional petition filed concerning the fixation of water charges by the Karachi Development Authority (KDA) to individual consumers. The Sindh High Court examined whether a constitutional petition under Article 199 could be filed in this context. The court ultimately decided that such matters, which pertain to contractual relationships, are not appropriate for constitutional petitions. This decision is significant as it clarifies the scope of constitutional jurisdiction in cases involving contractual obligations, thereby affecting future disputes related to public utilities and consumer rights. The ruling underscores the necessity for parties to seek resolution through contractual frameworks rather than constitutional avenues, thus ensuring the integrity and functionality of contractual law within the jurisdiction. This case highlights the ongoing tension between consumer rights and contractual obligations in administrative law, particularly in the context of public service provision. Keywords such as 'constitutional petition', 'Karachi Development Authority', 'contractual relationship', and 'water charges' are crucial for understanding the legal implications of this case. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Development Authority
|
| Judges |
ABDUL HAYEE KURESHI,
S. A. NUSRAT
|
| Lawyers |
Abdul Rauf Khan,
Usman Ghani Rashid,
S. H. Kizalbash
|
| Petitioners |
ANOTHER,
Haji WALI MUHAMMAD
|
| Respondents |
ANOTHER,
KARACHI DEVELOPMENT AUTHORITY
|
| Citations |
1979 SLD 234,
1979 PLD 449
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Karachi Development Authority Order, 1937
|
| Sections |
199,
114,
116
|