Citation Name: 2023 PLD 46 PESHAWAR-HIGH-COURTBookmark this Case CHERAT CEMENT CO. LTD., NOWSHERA vs FEDERATIO

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Citation Name: 2023 PLD 46 PESHAWAR-HIGH-COURTBookmark this Case CHERAT CEMENT CO. LTD., NOWSHERA VS FEDERATION OF PAKISTAN through Federal Secretary, Ministry of Energy (Power Division), Islamabad art. 199---Constitutional jurisdiction---Rule of exhaustion of available remedy---applicability---Rule of exhaustion of available remedy, though not prescribed by art. 199 of the Constitution, however it is statutory creation by which High Court regulates its proceedings---Presence of alternate remedy is neither a principle of law nor rule of thumb impressions but one of the practice---If High Court is of the view that alternate remedy available to petitioner/claimant is a remedy in law, i.e. a remedium juris and one which is not less convenient, beneficial and effective, inexpensive, expeditious and efficacious, the petitioner/claimant must first avail the remedy provided by statue before he applies for issuance of a writ---Two well recognized exceptions to the doctrine with regard to exhaustion of statutory remedies---In the first place, where proceedings are taken before a tribunal or a public functionary under provision of law, which is ultra vires, it is open to party aggrieved to move to High Court under art. 199 of the Constitution for appropriate writ for quashing the proceedings on the grounds that they are incompetent without his being obliged to wait until such proceedings run their full course, secondly the doctrine has no application, unless order in question has been made in violation of principles of natural justice or where proceedings themselves are abuse of process of law. Citation Name: 2023 PLD 46 PESHAWAR-HIGH-COURTBookmark this Case CHERAT CEMENT CO. LTD., NOWSHERA VS FEDERATION OF PAKISTAN through Federal Secretary, Ministry of Energy (Power Division), Islamabad Ss. 7(g), 12-a & 31---Constitution of Pakistan, art. 199---Constitutional petition---alternate and efficacious remedy---Petitioners were aggrieved of imposing/incorporating maximum demand indicator in their monthly electricity bills---Plea raised by authorities was that petitioners had alternate remedy available to them---Validity---Dispute between the parties related to determination of Tariff as envisaged in S.31(7) of Regulation of Generation, Transmission and Distribution of Electric Power act, 1997, for which a relief could be conveniently sought in terms of 7(g) and 12-a of Regulation of Generation, Transmission and Distribution of Electric Power act, 1997---Such was equally efficacious, inexpensive, beneficial and convenient---Mechanism for redress of grievance was provided in Regulation of Generation, Transmission and Distribution of Electric Power act, 1997---Petitioners were to first avail remedy provided by statute before applying for a writ or order in the nature of writ---High Court declined to exercise jurisdiction under art. 199 of the Constitution, as adequate remedy was available under the relevant law---Constitutional petition was dismissed in circumstances.

Citation Name: 2023 PLD 46 PESHAWAR-HIGH-COURTBookmark this Case CHERAT CEMENT CO. LTD., NOWSHERA vs FEDERATION OF PAKISTAN through Federal Secretary, Ministry of Energy (Power Division), Islamabad art — 2023 PLD 46 PESHAWAR-HIGH-COURT

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