FAISALABAD ELECTRICITY SUPPLY COMPANY (FESCO) THROUGH CHIEF EXECUTIVE, FAISALABAD vs TARIQ SHAHZAD WEAVING FAC

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FAISALABAD ELECTRICITY SUPPLY COMPANY (FESCO) THROUGH CHIEF EXECUTIVE, FAISALABAD VS TARIQ SHAHZAD WEAVING FACTORY. Art.185(3)---Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997), Ss.7(2)(g), 12G & 12G(6)---Electricity tariff adjustment---Constitutional petitions filed by consumers before the High Court, maintainability of---Alternate statutory remedy, non-availing of. Present petitions for leave to appeal were filed against the High Court's consolidated judgment whereby a large number of consumers' writ petitions were decided in matters arising from NEPRA-related electricity tariff decisions/adjustments, including disputes concerning Fuel Price Adjustment and Quarterly Tariff Adjustment. The petitioners before the Supreme Court included various DISCOs including FESCO, LESCO, MEPCO, GEPCO, IESCO, NEPRA and the Federation, while the private respondents were electricity consumers. The record also reflected related tariff-category disputes such as zero-rate tariff issues for exporters and changes affecting cold storages from industrial to commercial tariff category. The statutory framework under the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 provided for review before NEPRA and appeals to the Appellate Tribunal and further appeal thereafter. Held: After concluding that the respondent consumers' writ petitions before the High Court were not maintainable, the Supreme Court gave the parties a chance to propose a workable solution, and they agreed to dispose of the present petitions on settled terms. A separate petition for leave to appeal arising from another constitutional petition involving zero-rated tariff for exporters was treated as distinct and was directed to be heard with similar pending writ petitions. Other constitutional petitions decided by relying upon the same impugned judgment, though not yet challenged, were directed to be dealt with on the same footing since all parties were before the Supreme Court. In cold-storage matters where tariff was shifted from industrial to commercial category, and where NEPRA had heard the matter and reserved its decision, it was observed that NEPRA should decide independently under the law, uninfluenced by the impugned judgment. All present petitions were converted into appeals and allowed, in circumstances.

FAISALABAD ELECTRICITY SUPPLY COMPANY (FESCO) THROUGH CHIEF EXECUTIVE, FAISALABAD vs TARIQ SHAHZAD WEAVING FACTORY — 2026 SCMR 645 SUPREME-COURT

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