ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C. P.  No.D-398     of  2010

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

08.02.2011.

For Katcha Peshi.

Mr. Muhammad Afzal Jagirani, advocate for the petitioner.

Mr. Shahid Hussain Qureshi, advocate for respondents.

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                   Through instant petition, the petitioner has impugned the issuance of electricity detection bill for the month of February, 2010. 

                   It is contended by the learned Counsel for the petitioner that such bill is illegal, as there is no theft of electricity by the petitioner.

                   Notices were issued to the respondents, who have filed their comments. 

                   On 26.1.2011 when the matter was taken up for hearing, the learned Counsel for the respondents has objected the maintainability of the instant petition and referred to a judgment of the Hon'ble Supreme Court reported as Multan Electric Power Co. Ltd. v. Muhammad Ashiq,      PLD 2006 SC 328, wherein it has been held that in detection cases the jurisdiction vests with Civil Courts. 

                   The learned Counsel for the petitioner was directed to examine the same and assist the Court on maintainability of the instant petition.  Today, the learned Counsel for the petitioner, after having examined the judgment of the Hon'ble Supreme Court referred to hereinabove, concedes to such legal position and does not press instant petition, however, he states that he may be allowed to approach before the proper Court of civil jurisdiction for the redressal of his grievance.  The petitioner is at liberty to seek redressal of his grievance as per law.  Accordingly, the instant petition is dismissed as not pressed.

                                                                                                JUDGE

                                                                   JUDGE