FIVE STAR STEEL INDUSTRY (PVT.) LTD. vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice S

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FIVE STAR STEEL INDUSTRY (PVT.) LTD. VS FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice Ss. 11 & 12(G)---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of High Court, nature of---Discretionary---Concealment of material fact---Effect---Petitioners were aggrieved of decision of National Electric Power Regulatory Authority (NEPRA) qua imposition of increased fixed charges in the bill---Plea of the respondent-authority was that petitioners had alternate efficacious remedy by way of filing an appeal against the decision of NEPRA before the Appellate Tribunal NEPRA---Contention of the petitioners was that the Tribunal was non-functional, thus, constitutional petition was maintainable---Validity---Petitioners misstated before the High Court that the Appellate Tribunal was not functional at that moment, as the cases were being entertained and heard by the Tribunal, which information had also been confirmed through Office of High Court---Extraordinary constitutional jurisdiction under the provisions of Art. 199 of the Constitution is discretionary and equitable and while exercising this jurisdiction, the conduct of the party assumes vital significance and importance---He who seeks equity must come to the Court with clean hands---When petitioners had attempted to suppress material facts, they had become disentitled to the grant of equitable and discretionary relief---Petitioners did not come to High Court with clean hands and attempted to mislead the Court by suppressing the fact qua functionality of the Tribunal, therefore, they were not entitled to get discretionary and equitable relief under Art. 199 of the Constitution and the constitutional petition was liable to be dismissed on this score alone---Petitioners being aggrieved of the decision of the authority had the remedy of filing an appeal under S. 12(G) of the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 (Act), before the Tribunal established under S. 11 of the Act within a period of thirty days of the decision particularly in view of the fact that the Tribunal was fully functional---Where an alternate, equally efficacious and statutory remedy is available to an aggrieved person, he ought to avail that remedy instead of invoking extraordinary constitutional jurisdiction of High Court under Art. 199 of the Constitution---Constitutional petition was dismissed, in circumstances.

FIVE STAR STEEL INDUSTRY (PVT.) LTD. vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice Ss — 2025 CLC 1624 LAHORE-HIGH-COURT-LAHORE

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