ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-1161 of 2023

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

PRESENT:

Mr. Justice Aqeel Ahmed Abbasi

Mr. Justice Mahmood A. Khan

FRESH CASE:

1. For order on CMA No.5529/2023 (Urgent).

2. For order on CMA No.5530/2023 (Exemption).

3. For hearing of main case.

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Dated; 1^st March 2023

Petitioners present in person.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3. Through instant Constitutional Petition, the petitioners, who claim to be devoted social workers and human right activist, have sought a declaration to the effect that the meeting scheduled to be held at Islamabad on 1^st March 2023 for hearing in the matter of Seven (07) years Investment Plan and Losses Assessment of K-Electric for Transmission and Distribution Business for Tariff Control Period from FY 2023-24 to FY 2029-30 may be declared to be illegal, as according to petitioners, instead of considering the request of K-Electric for renewal/extension of transmission and Distribution Licence Agreement/Contract, the National Electric Power Regulatory Authority (NEPRA) may be directed to invite open bids for grant of power generation transmission and distribution so that K-Electric may not monopolize the electricity generation, transmission and distribution. According to petitioners, since the performance of K-Electric is not upto the mark, therefore, the Government and NEPRA may be directed not to renew/extend the Distribution Licence Agreement/Contract, which is expiring on 20.07.2023. It has been prayed that hearing of K-Electric Seven (07) Years Investment Plan scheduled on 01.03.2023 may be cancelled.

From perusal of the contents of the memo of petition and the prayer clauses therein, it appears that the generalize allegations have been leveled against the performance of K-Electric, whereas, it has been alleged that consumers are confronted with overbilling, load shedding, faulty meters, etc. However, nothing has been placed on record to substantiate such allegations, nor any documents, including the Distribution Licence Agreement/Contract have been placed on record to examine the legality or otherwise of such Licence/ Agreement. To award Distribution Licence/Agreement to power generation and distribution company is the domain of NEPRA and the Government as per law and unless there is some specific allegation of violation of law or lack of transparency in such process, the same cannot be challenged by an individual having no concern with such process on mere allegations of poor performance as in the instant petition. It further appears that as on today, there is neither any order nor decision of the competent authority relating to renewal/extension of the Distribution Licence Agreement/Contract in favour of K-Electric, whereas, from perusal of public notice published in the newspaper fifteen (15) days further time has been given to the public to file written/oral comments or objections as per law. If the petitioners have any grievance or cause, they may file such objections to be considered by NEPRA in accordance with law. However, instead of adopting the legal course, petitioners have approached this Court under Article 199 of the Constitution, alleging disputed facts on the basis of generalized allegations, which are not substantiated by any evidence or material. Moreover, to grant, renew or extend the Distribution Licence/Agreement is the domain of the Competent Authority (NEPRA) and pertains to Policy decision of the Government, and, therefore, cannot be disputed or challenged on flimsy grounds on the basis of mere allegations or without pointing out any violation of law in this regard.

Accordingly, instant Petition is misconceived and not maintainable, which is hereby dismissed in limine alongwith listed application.

J U D G E

*Farhan/PS*