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Writ Petition No. 1137 of 1972, decided on 27th October, 1972.

---S. 24‑Notice‑Show‑cause notice not issued. to petitioner for compliance before determination of amount and issuane of second notice under S. 24‑Notice of demand, held, without lawful authority‑Case remanded for taking action according to law‑Constitution of Pakistan (1972), Art. 201.

A. A. Saeed for Petitioner.

Kh. Saeedul Hassan for Respondents.

Captain Mubarik Ali, Assistant Engineer, who dealt with this case as Assistant Engineer (Detection), states that there are instructions that before finalizing a matter and sending a notice for payment under section 24 of the Electricity Act, the consumer should be asked by a written notice (1st) to show cause why the cost of electrical energy consumed but unaccounted for be not debited to the consumer's account. He further states that invariably, such a notice is issued to the consumer before the matter is finalized. Then a notice (2nd) under section 24 is issued and if the consumer even then fails to satisfy the authority, the bill is prepared by a different Section and sent to the consumer for payment. He has further stated, after perusing the file, that before sending the second notice under section 24, the first notice for showing cause was not issued to the petitioner in this case. In view of this position, Khawaja Saeedul Hassan states that he has no objection to a direction being given for afforded an opportunity of hearing to the petitioner. In fact, he had on the last hearing as well agreed to the suggestion that the petitioner be afforded an opportunity of hearing by the Chief Engineer. Arrangements were made for such a hearing but it appears from the affidavit filed today by the son of the petitioner that she left for Haj on 15th October, 1972. .

2. As no show‑cause notice was issued to the petitioner before the determination of the amount and before the issuance of the second notice under section 24 for compliance, therefore the impugned action is without lawful authority. The petition is accepted. The order/notice dated 26th June, 1972 is set aside The case shall be deemed to be pending at the stage when the report was sent by the Detection Staff, and the authority concerned shall have to pass a flesh order determining the liability after giving opportunity of showing cause to the petitioner. There shall be no order as to costs.

M. A. K. Petition accepted.

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