IN THE HIGH COURT OF SINDH BENCH AT SUKKUR.

Constt: Petition No.D-1033 of 2019.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE.

1. For orders on O/objection at flag-A.

2. For orders on CMA No.4001/2019.

3. For hearing of main case.

22.10.2019.

M/s Qurban Ali Malano and Amber Iqbal Advocate for petitioner.

M/s T. David Lawrence and Tahir Hussain Qureshi Advocate for respondents.

Mr. M. Mehmood Khan Yousif DAG.

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Through this petition, the petitioners have prayed for the following relief(s);

(a) To direct the respondents No. 3 to 6 by issuing the writ of mandamus to reinstall the Transformer further direct the respondent No.3 to 6 to reinstall the approved Transformer for Electricity connection of Ahmedpur Pir Mohallah Taluka Ranipur.

(b) That, this Honourable Court may be pleased to pass interim order s whereby directing the respondents No.3 to 6 to re-install the Electric Transformer of Ahmedpur Pir Mohallah Taluka Ranipur without fail, till disposal of the application before the Electric Inspector.

Learned Counsel for petitioners submitted that the petitioners are consumer of SEPCO Sukkur from Sub-Division Ranipur and paying the electricity charges regularly but respondents without any rhyme/reasons have removed the Electricity Transformer of 200 K.V. He prayed that the respondents may be directed to re-install the approved Transformer which has been removed.

Notices were issued to the respondents. In response to notice, learned Counsel for respondents filed detailed comments in which they have denied the contents of petition. Learned Counsel for respondents submits that petitioners have illegally occupied the property of SEPCO i.e. eight Transformers out of which one Transformer of 200 K.V. has been removed while seven Transformers are still existing from which the petitioners are getting electricity. He further submitted that the petitioners have already filed Suit seeking relief for declaration and permanent injunction which relief has been refused and this fact the petitioner have concealed in their petition hence, they have not come with clean hands.

We have heard the arguments of learned Counsel for the parties and perused the material available on record.

At the request of learned Counsel, for the parties the Commissioner was appointed who inspected the site and submitted his report. The operative part of the Commissioner’s report is re-produced as under;

“Admittedly, the Transformer of the petitioners has been removed by the SEPCO authorities, however, after visiting the adjacent three transformers, one installed below the removed transformer and two others, installed at the distance of about 250 and 600 meters respectively from removed transformer, it was found that no electric wire/PVC was connected with these adjacent transformers leading towards the houses of the petitioners. Respondent No.5 disclosed that after removal of transformer, the petitioners on their own were enjoying the facility of electricity through these three adjacent transformers, but recently petitioners have disconnected/removed the electric wires/PVCs from these transformers.

Against the site inspection report of the Commissioner, the respondents/SEPCO filed objections and copy of the same was supplied to learned Counsel for the petitioners. In the objections the respondents have denied the very contents of inspection report but the learned Counsel for petitioners did not file any re-joinder to the objections filed by the respondents/SEPCO, which amounts admission on the part of the petitioners.

In the inspection report, the Commissioner has categorically stated that after removal of Transformer, the petitioners are availing the facility of Electricity through other seven Transformers.

In view of above, instant petition being meritless stands dismissed. However, the respondents/SEPCO authorities are directed to provide one 200 K.V. Transformer to the petitioners and removed the remaining seven Transformers illegally occupied by the petitioners. If, the petitioners are not allowing the respondents to remove other seven Transformers installed there then Commander Shahbaz Rangers is directed to provide legal help to the SEPCO authorities for removing the Transformers illegally installed there.

J U D G E

J U D G E

Ihsan.