IN THE COURT OF LEARNED SENIOR CIVIL JUDGE,

MUTLAN.

Civil Suit No. ____________/2003

Muhammad Anwar Ali S/o Murad Ali, caste Sanga, R/o 16-D,
Wahdat Colony, Multan.
……Plaintiff
VERSUS

1. Chief Executive MEPCO Multan.

2. Executive Engineer MEPCO Cantt. Division, Multan.

3. Revenue Officer MEPCO Cantt. Division, Multan.

4. Sub-Divisionsal Officer, MPECO, Hassanabad Sub-Division,

Multan.

……Defendants

Suit for declaration to the effect that the

plaintiff is consumer of the defendants
vide his electricity reference No. 09-
5115-05553002 and is entitled to have
electricity connection intact. Moreover,
notice No. 46-51 dated 3.1.03 issued by
defendant No. 4 regarding outstanding
arrears against the plaintiff is illegal,
unlawful, defunct, without lawful
authority, void-ab-initio, perverse,
arbitrary, fanciful and is inoperative quo
 the rights of the plaintiff and as a
consequential relief, suit for permanent
injunction restraining the defendants
from disconnecting the electric supply of
the plaintiff on the basis of impugned
notice. And a suit for mandatory
injunction regarding direction to
defendants to issue current bill
according to reading of meter after
deducting arrear amount so that
plaintiff may make payment of the
current bill.

Respectfully Sheweth: -

1. That plaintiff is regular consumer of the defendants vide his

meter reference No. 09-5115-05553002 and has been paying
all the current bills on each and every month regularly.

2. That the plaintiff is a Govt. employee and was transferred to

Multan in the month of August 2001, since then the plaintiff is
paying all the electricity bills regularly without any failure and
no amount is outstanding against the plaintiff.

3. That in the month of May 2002, the defendants served an

electricity bill to the plaintiff to the tune of Rs. 9500/-
including Rs. 8364/- as arrears amount, on which the plaintiff
submitted an application vide No. 78 dated 30.5.2002 before
the defendants for the correction of bill, on this application the
defendant No. 2 set aside the disputed said amount as
mentioned supra vide his office letter No. 26634-96 dated
6.6.02. Copies of application & letter are annexed for your
kind perusal.

4. That after this, the plaintiff submitted another application

before the revenue officer (defendant No. 3) to supply the
billing/consumption data. On the production of
 billing/consumption data by the defendants, it is crystal clear
that the arrears against which the plaintiff has been served
with impugned notice relates to the period starting from May
1993 to August 1997. The data provided by the Revenue
Officer MEPCO reveals that at that time the allottee of the
house did not pay any single penny, during this period on
account of electricity charges. Even then, electricity supply
was not disconnected at that time.

5. That now the defendants are bent upon to disconnect the

electric supply of the plaintiff on the basis of impugned notice,
without any cogent reason. The impugned notice is illegal,
without lawful authority, void-ab-initio, perverse, arbitrary,
fanciful and is inoperative qua the rights of the plaintiff. And
the same may be declared null and void because the arrears of
electricity charges for which the impugned notice was served
to plaintiff was not consumed by the plaintiff.

6. That the defendants are not entitled to make any demand from
the plaintiff for the arrear amount not outstanding against him
nor had any lawful authority to recover the arrear amount or to
disconnect the electric supply because the electricity charges
were not consumed by the plaintiff.

7. That the defendants have been asked time and again by the
plaintiff to withdraw the impugned notice and not to
disconnect the electric supply of the plaintiff, but they are
adamant to accede to the request of the plaintiff, hence, the
necessity to file the present suit has arisen.

8. That both the parties reside in Multan, therefore, this Hon’ble

Court has territorial jurisdiction to entertain the suit.

9. That the cause of action accrued to the plaintiff against the

defendants firstly on the issuance of the impugned notice and
lastly two days before from their flat refusal.

10. That value for the purpose of court fee and jurisdiction is fixed
at Rs. 400/-, which is immune from levy of court fee.
 PRAYER: -

In view of the above circumstances, it is humbly

prayed that a decree for declaration to the effect that
the plaintiff is consumer of the defendants vide his
electricity reference No. 09-5115-05553002 and is
entitled to have electricity connection intact. Moreover,
notice No. 46-51 dated 3.1.03 issued by defendant No.
4 regarding outstanding arrears against the plaintiff is
illegal, unlawful, defunct, without lawful authority,
void-ab-initio, perverse, arbitrary, fanciful and is
inoperative quo the rights of the plaintiff and as a
consequential relief, decree for permanent injunction
restraining the defendants from disconnecting the
electric supply of the plaintiff on the basis of impugned
notice. And a decree for mandatory injunction
regarding direction to defendants to issue current bill
according to reading of meter after deducting arrear
amount so that plaintiff may make payment of the
current bill for all time to come may kindly be passed
in favour of the plaintiff against the defendants with
costs.
Humble Plaintiff,
Dated: _________

Through: -
Nasir Mahmood Khan,
Advocate High Court,
District Courts,
Multan.
Verification: -
Verified on oath at Multan that the
contents of all paras of this plaint are
correct and true to the best of my
knowledge and belief.
Plaintiff
 IN THE COURT OF LEARNED SENIOR CIVIL JUDGE,
MUTLAN.

Muhammad Anwar Ali VS MEPCO etc.

SUIT FOR DECLARATION

Application U/O-39, Rule 1 & 2 read with Sec-151 C.P.C.

Respectfully Sheweth: -

1. That the above titled suit is being filed in this Hon’ble Court
along-with this application. The contents of the accompanying
suit may kindly be considered as an integral part of this
application.

2. That the petitioner/plaintiff is sanguine of the acceptance of

the titled suit because he has good prima facie and arguable
case in his favour.

3. That the balance of convenience also leans in favour of the

petitioner/plaintiff.

5. That if the respondents/defendants disconnected the electric

supply on the basis of impugned notice, then in that
eventuality, the petitioner/plaintiff will suffer irreparable loss
and injury.

An affidavit is attached.
 In view of the above submissions, it is, therefore,
most respectfully prayed that this petition may
graciously be accepted and the respondents may kindly
be restrained from disconnecting the electric supply of
the petitioner on the basis of impugned notice, till the
pendency of the main suit to meet the ends of justice.

Petitioner,

Dated: ________

Through: -
Nasir Mahmood Khan,
Advocate High Court,
District Courts,
Multan.
 IN THE COURT OF LEARNED SENIOR CIVIL JUDGE,
MUTLAN.

Muhammad Anwar Ali VS MEPCO etc.

SUIT FOR DECLARATION

Application U/O-39, Rule 1 & 2 read with Sec-151 C.P.C.

AFFIDAVIT of: -
Muhammad Anwar Ali S/o Murad ALi, caste Sanga,
R/o 16-D, Wahdat Colony, Multan.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-titled petition are true and correct to
the best of my knowledge and belief and nothing
has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of January 2003 that the contents of this affidavit
are true & correct to the best of my knowledge
and belief. Nothing has been kept concealed
thereto.

DEPONENT
 IN THE COURT OF LEARNED SENIOR CIVIL JUDGE,
MUTLAN.

Civil Suit No. ____________/2003

Khalid Latif S/o Ch. Muhammad Latif, caste Arain, R/o 15-D,
Wahdat Colony, Multan.
……Plaintiff
VERSUS

1. Chief Executive MEPCO Multan.

2. Executive Engineer MEPCO Cantt. Division, Multan.

3. Revenue Officer MEPCO Cantt. Division, Multan.

4. Sub-Divisionsal Officer, MPECO, Hassanabad Sub-Division,

Multan.

……Defendants

Suit for declaration to the effect that the

plaintiff is consumer of the defendants
vide his electricity reference No. 09-
5115-05554001 and is entitled to have
electricity connection intact. Moreover,
notice No. 135-41 dated 3.1.03 issued by
defendant No. 4 regarding outstanding
arrears against the plaintiff is illegal,
unlawful, defunct, without lawful
authority, void-ab-initio, perverse,
arbitrary, fanciful and is inoperative quo
 the rights of the plaintiff and as a
consequential relief, suit for permanent
injunction restraining the defendants
from disconnecting the electric supply of
the plaintiff on the basis of impugned
notice. And a suit for mandatory
injunction regarding direction to
defendants to issue current bill
according to reading of meter after
deducting arrear amount so that
plaintiff may make payment of the
current bill.

Respectfully Sheweth: -

1. That plaintiff is regular consumer of the defendants vide his

meter reference No. 09-5115-05554001 and has been paying all
the current bills on each and every month regularly.

2. That the plaintiff is a Govt. employee and the House No. 15-D
where the disputed connection is installed was occupied by the
plaintiff in the month of January 1997. It is pertinent to mention
over here that the previous allottee namely Mr. Nawab-ud-Din
Sehgal Civil Judge, Multan did not pay the bills of electricity on
which the connection of electricity was disconnected. On this, the
plaintiff made a request on 14.1.1997 to the Commissioner
Multan and WAPDA department for the restoration of the
electricity connection. The Commissioner Multan vide his No.
GB-20-20/92 (B) dated 23.1.1997 asked the X.E.N. MEPCO
(WAPDA) Cantt. Division Multan for the restoration of the
electric connection. The X.E.N. WAPDA Multan Cantt. vide his
office order No. 16784-87 dated 20.3.1997 asked the Revenue
Officer, Multan Cantt. to set aside the previous amount and issue
re-connection order, in compliance to the directions of the X.E.N.
WAPDA Multan Cantt., the Revenue Officer issued re-connection
order on 22.3.1997. On this, the plaintiff paid Rs. 1100/- as
 R.C.O. fee in the WAPDA Treasury. Since then, the plaintiff is
paying all the electricity bills regularly without any failure and no
amount is outstanding against the plaintiff.

3. That the defendants served an electricity bill to the tune of

Rs. 87,055/- as arrear amount to the plaintiff, on which the
plaintiff made an application before the Revenue Officer to
provide billing/consumption data, on this, the Revenue Officer
provided the same. On perusal of the billing/consumption data
provided by the Revenue Officer WAPDA, it revealed that at that
time, the allottee of the house did not pay any single penny
during that period started from January 1995 to December 1996
on account of electricity charges. Even then, the electricity was
not disconnected by the defendants at that time.

4. That now the defendants are bent upon to disconnect the electric
supply of the plaintiff on the basis of impugned notice, without
any cogent reason. The impugned notice is illegal, without lawful
authority, void-ab-initio, perverse, arbitrary, fanciful and is
inoperative qua the rights of the plaintiff. And the same may be
declared null and void because the arrears of electricity charges
for which the impugned notice was served to plaintiff was not
consumed by the plaintiff.

5. That the defendants are not entitled to make any demand from the
plaintiff for the arrear amount not outstanding against him nor
had any lawful authority to recover the arrear amount or to
disconnect the electric supply because the electricity charges
were not consumed by the plaintiff.

6. That the defendants have been asked time and again by the
plaintiff to withdraw the impugned notice and not to disconnect
the electric supply of the plaintiff, but they are adamant to accede
to the request of the plaintiff, hence, the necessity to file the
present suit has arisen.

7. That both the parties reside in Multan, therefore, this Hon’ble

Court has territorial jurisdiction to entertain the suit.
8. That the cause of action accrued to the plaintiff against the
defendants firstly on the issuance of the impugned notice and
lastly two days before from their flat refusal.

9. That value for the purpose of court fee and jurisdiction is fixed at
Rs. 400/-, which is immune from levy of court fee.

PRAYER: -

In view of the above circumstances, it is humbly

prayed that a decree for declaration to the effect that
the plaintiff is consumer of the defendants vide his
electricity reference No. 09-5115-05554001 and is
entitled to have electricity connection intact. Moreover,
notice No. 135-41 dated 3.1.03 issued by defendant No.
4 regarding outstanding arrears against the plaintiff is
illegal, unlawful, defunct, without lawful authority,
void-ab-initio, perverse, arbitrary, fanciful and is
inoperative quo the rights of the plaintiff and as a
consequential relief, decree for permanent injunction
restraining the defendants from disconnecting the
electric supply of the plaintiff on the basis of impugned
notice. And a decree for mandatory injunction
regarding direction to defendants to issue current bill
according to reading of meter after deducting arrear
amount so that plaintiff may make payment of the
current bill for all time to come may kindly be passed
in favour of the plaintiff against the defendants with
costs.
Humble Plaintiff,
Dated: _________
Through: -
Nasir Mahmood Khan,
Advocate High Court,
District Courts,
Multan.

Verification: -
Verified on oath at Multan that the
contents of all paras of this plaint are
correct and true to the best of my
knowledge and belief.
Plaintiff

IN THE COURT OF LEARNED SENIOR CIVIL JUDGE,

MUTLAN.
 Khalid Latif VS MEPCO etc.

SUIT FOR DECLARATION

Application U/O-39, Rule 1 & 2 read with Sec-151 C.P.C.

Respectfully Sheweth: -

1. That the above titled suit is being filed in this Hon’ble Court
along-with this application. The contents of the accompanying
suit may kindly be considered as an integral part of this
application.

2. That the petitioner/plaintiff is sanguine of the acceptance of

the titled suit because he has good prima facie and arguable
case in his favour.

3. That the balance of convenience also leans in favour of the

petitioner/plaintiff.

4. That if the respondents/defendants disconnected the electric

supply on the basis of impugned notice, then in that
eventuality, the petitioner/plaintiff will suffer irreparable loss
and injury.

An affidavit is attached.

In view of the above submissions, it is, therefore,

most respectfully prayed that this petition may
graciously be accepted and the respondents may kindly
 be restrained from disconnecting the electric supply of
the petitioner on the basis of impugned notice, till the
pendency of the main suit to meet the ends of justice.

Petitioner,

Dated: ________

Through: -
Nasir Mahmood Khan,
Advocate High Court,
District Courts,
Multan.

IN THE COURT OF LEARNED SENIOR CIVIL JUDGE,

MUTLAN.
 Khalid Latif VS MEPCO etc.

SUIT FOR DECLARATION

Application U/O-39, Rule 1 & 2 read with Sec-151 C.P.C.

AFFIDAVIT of: -
Khalid Latif S/o Ch. Muhammad Latif, caste Arain, R/o
15-D, Wahdat Colony, Multan.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-titled petition are true and correct to
the best of my knowledge and belief and nothing
has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of January 2003 that the contents of this affidavit
are true & correct to the best of my knowledge
and belief. Nothing has been kept concealed
thereto.

DEPONENT