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SNGPL vs Federation of Pakistan Ss — 2025 MLD 118 PESHAWAR-HIGH-COURT

Case information

Citation
2025 MLD 118 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2025
Reporter
MLD
Parties
SNGPL vs Federation of Pakistan Ss
Subject matter
Constitutional
Provisions referred to
S. 11; Gas Regulatory Authority Ordinance

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

SNGPL VS Federation of Pakistan Ss. 11, 12 & 13---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of High Court---Scope---Decision taken conclusively by statutory fora available in the hierarchy having exclusive jurisdiction---Judicial review by High Court---Scope---Respondent being a consumer lodged a complaint under S.11 of the Oil and Gas Regulatory Authority Ordinance, 2002 (Ordinance) against the petitioners, which was accepted, against which petitioners preferred an appeal and review, which were consecutively dismissed keeping in view legal and factual aspects and after hearing both the parties---Validity---All the assertions made by the petitioners in the constitutional petition were arising out of the factual aspect of the case, which indeed could not be decided while hearing a petition under Art.199 of the Constitution being neither permissible nor desirable under the law, as the matter was exhaustively and conclusively dealt with by the statutory authorities, functioning under the Ordinance---Role of the High Court while exercising extraordinary constitutional jurisdiction is limited only to the extent of correcting jurisdictional errors or for that matter procedural improprieties/irregularities just to ensure the proper administration of justice, thus, interference of High Court in its constitutional jurisdiction could not be asked as a rule rather at best it would be an exception, applicable and acceptable on limited occasions and grounds in an appropriate case---High Court only has to see that a court or tribunal dealing with the matter has the jurisdiction or competence to adjudicate upon it or has not transgressed the limits of its lawful authority---Even if High Court in its constitutional jurisdiction reaches to a conclusion contrary to the findings of statutory forum regarding the propriety of a matter, it cannot substitute the same with that of the relevant forum which has decided the same in accordance with law keeping in view its legal and factual aspect in view of peculiar circumstances of the case---Jurisdiction of High Court is only confined to rectifying wrongful or excessive exercise of jurisdiction by lower fora and addressing procedural illegality or irregularity, which may have prejudiced a case.

Other judgments reported in 2025 MLD

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