Humayun Khan
PESHAWAR: A divisional bench comprising of Chief Justice Peshawar High Court (PHC) Justice Muhammad Ibrahim Khan and Justice Waqar Ahmad ordered the Federal Government for submission of reply to a plea seeking status quo against Section 29 of Gas Recovery Act 2016 while stopping respondents from receiving bill from petitioner, on Tuesday.
The counsel Malak Shahbaz Advocate argued that submission of disputed amount is compulsory for obtaining status quo against received utility bill under Section29 of Gas Recovery Act 2016 from Gas Utility Court which is violative to fundamental constitutional rights.
The petitioner named Najeeb Ullah approached Gas Utility Court Mardan for status quo against bill of Rs1 lac 42 thousand but the court had declined the relief and ordered the applicant for submission of disputed amount, the counsel added.
The counsel added that the plea for status quo will have to be no ground after submission of disputed amount and added that the dispute of consumption of gas and bill received isn’t resolve still.
The counsel argued to declared Section-29 of Gas Recovery Act 2016 unconstitutional and ordered for submission of the undisputed amount as well as requested for granting status quo in this regard.
The divisional of comprising of Chief Justice PHC Justice Muhammad Ibrahim Khan and Justice Waqar Ahmad issued notice to the Federal Government while stopped receiving of bill from petitioner after initial arguments in the plea.
PHC’s Justice Ishtiaq Ibrahim turndown Bail before Arrest plea of a businessman while police arrested him from the court’s premises.
The petitioner has provided cheque of Rs2 million on 9th March 2023 which was bounced but he had obtained BBA from lower court and approached PHC after a year to obtain pre-arrest bail, the complainant counsel argued.
The counsel Khalid Khan Mohmand and Musa Wazir advocates argued that complainant Asfandyar Riaz had given machinery costing Rs27.5 million while the accused paid Rs15 million while provided cheques for remaining amount which were bounced. PHC rejected bail plea of businessman while police had arrested him from the court’s premises.
