FAZAL MUHAMMAD vs MANAGING DIRECTOR SUI GAS, QUETTA S — 2023 PLD 36 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PLD 36 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PLD
Parties: FAZAL MUHAMMAD vs MANAGING DIRECTOR SUI GAS, QUETTA S
Subject matter: Criminal
Provisions referred to: S. 6---C; S. 6; Act---Said Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FAZAL MUHAMMAD VS MANAGING DIRECTOR SUI GAS, QUETTA S. 6---Constitution of Pakistan, Art. 199---Constitutional petition---Procedure for complaints and suits for default before Gas Utility Courts---Alternate remedy---Scope---Case of petitioner was that due to some construction work in the street, a driver of an unknown tractor hit the gas connection of the house of petitioner, due to which the gas meter was damaged---Petitioner informed the authorities of Sui Southern Gas Company Limited with regard to the incident, but the Company lodged a false FIR against him and also issued a claim letter directing the petitioner to pay certain amount being the value of gas consumed on account of direct use of gas---Petitioner deposited an installment of the amount and it was assured by the Company that if he got acquitted of the charge, the amount would be readjusted/returned to him---Petitioner, after his acquittal, approached the Company to return the amount but it refused to do the needful---Validity---Dispute between a consumer and a licensee of natural gas was to be governed under the Gas (Theft Control and Recovery) Act, 2016---Gas (Theft Control and Recovery) Act, 2016, was comprehensive enough to regulate the matters connected with S. 6 of the Act---Said Act contained the procedure for filing of a complaint and the procedure to be adopted by the Gas Utility Court for redressal of the grievances on receiving of the complaint---Petitioner was required to set into motion the relevant provisions and to avail proper remedy, but he directly approached the High Court in constitutional petition, which was not permitted under the law---Constitutional petition was dismissed.

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