THE HIGH COURT OF SINDH AT KARACHI
Present: Mr. Justice Naimatullah
Phulpoto
Mr. Justice Shamsuddin
Abbasi
C.P.No.D- 1676/2023
Petitioners Union Fabric Pvt.
Ltd and another
Respondents Federation
of Pakistan and others
C.P.No.D-1621/2023
Petitioners
M/s Younus Textile Mills Ltd
Respondents Federation
of Pakistan and others
C.P.No.D-1675/2023
Petitioners Nadeem
Textile Mills Ltd & others
Respondents Federation
of Pakistan and others
C.P.No.D- 1677/2023
Petitioners M/s Noor Processing
Respondents Federation
of Pakistan and others
C.P.No.D-1693/2023
Petitioners M/s Ganitex Industries
Respondents Federation
of Pakistan and others
C.P.No.D-1694/2023
Petitioners M/s Lakhani Silk Mills
(Pvt) Ltd & others
Respondents Federation
of Pakistan and others
C.P.No.D-1697/2023
Petitioners M/s Asco International & others
Respondents Federation
of Pakistan and others
C.P.No.D-1720/2023
Petitioners M/s Ismail’s Knitworth & others
Respondents Federation
of Pakistan and others
C.P.No.D-1724/2023
Petitioners M/s Hafiz Tannery
& others
Respondents Federation
of Pakistan and others
C.P.No.D-1725/2023
Petitioners M/s Al-Abbas
Fabrics & others
Respondents Federation
of Pakistan and others
C.P.No.D-1726/2023
Petitioners Unique Weaving
Respondents Federation
of Pakistan and others
C.P.No.D-1727/2023
Petitioners Ishtiaq
Textile Mills Ltd and others
Respondents Federation
of Pakistan and others
C.P.No.D-1730/2023
Petitioners Artistic Garments Ind (AGI Denim) Pvt Ltd
Respondents Federation
of Pakistan and others
C.P.No.D-1734/2023
Petitioners
Vohra Tex and
others
Respondents
Federation of
Pakistan and others
C.P.No.D-1751/2023
Petitioners Adnan Textile Mills
Pvt Ltd
Respondents Federation
of Pakistan and others
C.P.No.D-1778/2023
Petitioners
Western
Textile Industries Pvt. Ltd and Ors
Respondents
Federation of
Pakistan and others
C.P.No.D- 1830/2023
Petitioners Gul
Ahmed Textile Mills Ltd and others
Respondents Federation
of Pakistan and others
C.P.No.D-1861/2023
Petitioners M/s New Fazale Rabi Dyeing & Ors
Respondents Federation
of Pakistan and others
C.P.No.D-1862/2023
Petitioners M/s Castle Ind
Respondents Federation
of Pakistan and others
C.P.No.D-1885/2023
Petitioners Al-Karam Towel Industry Pvt Ltd &
Ors
Respondents Federation
of Pakistan and others
C.P.No.D-1891/2023
Petitioners
M/s Yunus Textile Mills Ltd
Respondents Federation
of Pakistan and others
C.P.No.D-1899/2023
Petitioners M/s Shaikh Brothers & Ors
Respondents Federation
of Pakistan and others
C.P.No.D-1926/2023
Petitioners Akbar Ali &
Brothers Pvt Ltd and another
Respondents Federation
of Pakistan and others
C.P.No.D-1983/2023
Petitioners M/s Mustaqim Dyeing & Printing Ind Pvt Ltd
& Ors
Respondents Federation
of Pakistan and others
C.P.No.D-1988/2023
Petitioners M/s Mount Fuji
Textile Ltd & Ors
Respondents
Federation of Pakistan
and others
C.P.No.D-2002/2023
Petitioners Pinnacle Fiber Pvt Ltd & others
Respondents Federation
of Pakistan and others
C.P.No.D-2004/2023
Petitioners Sadiq
Towel Pvt Ltd and others
Respondents Federation
of Pakistan and others
C.P.No.D-2007/2023
Petitioners M/s Chamois Leather
& Others
Respondents Federation
of Pakistan and others
C.P.No.D-2051/2023
Petitioners M/s Sonsra & others
Respondents Federation
of Pakistan and others
C.P.No.D-2071/2023
Petitioners M/s Shaikh Brothers
Respondents Federation
of Pakistan and others
C.P.No.D-2073/2023
Petitioners
M/s A. ESSAK
& Sons
Respondents Federation
of Pakistan and others
C.P.No.D-2080/2023
Petitioners Silver Textile
Factory
Respondents Federation
of Pakistan and others
C.P.No.D-2112/2023
Petitioners M/s. Ghousia Dyeing & Bleaching & Ors
Respondents Federation
of Pakistan and others
C.P.No.D-2113/2023
Petitioners ISIS
Pharmaceuticals and Chemical Works
Respondents Federation
of Pakistan and others
C.P.No.D-2128/2023
Petitioners M/s Any Textile
Mills Pvt. Limited
Respondents Federation
of Pakistan and others
C.P.No.D-2129/2023
Petitioners M/s K.N Terry Tex
and others
Respondents
Federation of
Pakistan and others
C.P.No.D-2156/2023
Petitioners M/s Shabbir Ind
Respondents Federation
of Pakistan and others
C.P.No.D-2169/2023
Petitioners M/s Sohail Wearing Ind
Respondents Federation
of Pakistan and others
C.P.No.D-2154/2023
Petitioners Shahbaz
Garments Pvt. Limited and others
Respondents Federation
of Pakistan and others
C.P.No.D-2220/2023
Petitioners Utopia Ind Pvt. Limited and others
Respondents Federation
of Pakistan and others
For Petitioners : M/s. Taimur Ali Mirza
and Ali Nawaz Khuhawar advocates in CPs D-1675, 1676,
1778, 1730, 1885, 1926, 2080 & 2220 of 2023
Mr.
Naeem Suleman and Mr.
Arshad Hussain Shahzad advocates in C.Ps.D-1621,
1697, 1725 & 1983 of 2023
M/s
Abdul Karim Khan and Zeeshan Naeem
advocates in C.P.No.D-1677 of 2023
Mr.
Hamza Maqsood Habib advocate in C.P.No.D-1693, 1694,
1988 & 2071 of 2023
M/s.
Qazi Umair Ali and Muhammad
Imzimam Sharif advocates in C.P.No.D-1722 & 1734
of 2023
Mr.
Ameen Bandukda advocate in C.P.No.D- 1727, 1830, 2002 & 2154 of 2023
Mr.
M.A. Rehman Khurram
advocate in C.P.No.D-1861 & 1862 of 2023
Syed
Mohsin Ali advocate in C.P.D-1720, 1724, 1899, 2007 &
2129 of 2023
Mr.
Ghulam Muhammad advocate in CP D-1727 & 1830 of 2023
M/s.
Faiz Durrani, Gharib Shah, Ghulam Muhammad and Ms. Maryam Riaz advocates in C.P.No.D-1891 of 2023
M/s
Saifullah Abbasi and Qamar Hussain advocates in C.P.No.D-2051 of 2023
Ms.
Sofia Saeed Shah, M/s Umer Sikandar
and Tasleem Hussain advocates in C.P.No.D-2128 &
2169 of 2023
Ms.
Sadia Sumera advocate in
C.P.No.D-2113 of 2023
For Respondents : M/s.
Malik Sadaqat Khan, Addl. Attorney General, M/s Pir Riaz Muhammad Shah and Khaliq Ahmed, DAGs and Mr. G.M. Bhutto Asstt.
Attorney General
Syed
Waqar-ul-Hassan Special
Secretary and Mehfooz Bhatti Joint Secretary, Power
Division, Islamabad
M/s.
Abid S. Zuberi, Ayan Mustafa Memon, Hasaan Qamar and Eesha Azmat advocates for
K-Electric
Syed
Moonis Abdullah Alvi CEO
(K-E)
Syed
Irfan Ali Shah, Director Legal K.E
Jam
Mohsin Aftab DGM (K-E)
M/s.
Kashif Hanif and Sarmad Ali advocates for NEPRA
Syed
Amir Ali Shah Jeelani along with Mr. Zahid Hussain Shoro Law Officer
of respondent No.6 in C.P.No.D-1675 & 1676 of 2023
Jam
Mohsin Aftab DGM,
K-Electric
Date of Hearings : 27.04.2023,
28.04.2023, 04.05.2023 & 09.05.2023
Date of
Judgment : 09.05.2023
ORDER
NAIMATULLAH
PHULPOTO, J.-
The petitioners have invoked the
jurisdiction of this court under Article 199 of the Constitution of Islamic
Republic of Pakistan, 1973 (hereinafter referred to as the “Constitution”) mainly for the following reliefs:
i.
Declare the Decision dated 28th
February 2023 to have been taken without lawful authority and is of no legal
effect and set aside the same;
ii.
Declare the Impugned Bills to have
been issued without lawful authority and of no legal effect;
iii.
Permanently restrain the Respondents
from charging amounts and issuing bills in excess of PKR 19.99 Per KWH till 30th
June, 2023;
iv.
Direct the Respondents to refund any
and all amounts collected in excess of PKR 19.99 per KWH till 30th
June 2023;
v.
Any further relief that this
Honorable Court may deem appropriate in the facts and circumstances of the
case;
4. Parawise
comments have been filed on behalf of Respondent No.2. We intend to decide all captioned petitions through this common
order, having the common question of law and facts involved therein.
8. Special Secretary, Power Division was
called in person, he submitted that
subsidy was withdrawn due to financial crunch and IMF commitments and it was
not possible for the Government to continue subsidy to Zero Rated Industry. It
is further submitted that the Petitioners have not accrued any vested rights
against the withdrawal of concessionary subsidy. The Cabinet had expressly
withdrawn the subsidy effective from 1.3.2023, therefore, there arise no
question of retrospective operation of the impugned notification. The period between March 2023 to June 2023 has not elapsed as such,
there is no question of a past and closed transaction.
“3. We have heard
learned counsel for the petitioner and examined the impugned order which
enunciated correct position of law. Petitioner by getting admission in F.Sc with Biology and Science subjects neither acquired any
vested right to admission in M.B.B.S. nor were the authorities debarred from
prescribing maximum age limit for admission to such course of studies. This is
purely an administrative matter relating to policy decision of the Government
with which the superior Courts are always reluctant to interfere. In our view,
there is no merit in this petition and the High Court has rightly referred to
the dictum of this Court in Sultana Khokhar versus
The University of the Punjab, through its Registrar (PLD 1962 SC 35), which
clinches the issue under controversy.”