RANA BHAGWANDAS, J.--- Petitioners seek leave to appeal against Sindh High Court judgment dated 4-3-2006 allowing respondent's constitutional petition calling in question the demand of the water charges without the actual supply of water.
2. In the operative part of the judgment High Court relying upon earlier judgment of Division Bench has held that admittedly no water was being supplied to the respondent by the petitioner-Board, High Court was of the opinion that as no water was supplied, Karachi Water and Sewerage Board could not recover the fee or charge on their account. Accordingly demanded amount in the notice to the extent of water charges was struck down declaring that the respondent was liable to pay other charges as claimed in the impugned demand notice.
3. We have heard Mr. Abrar Hasan, learned Advocate Supreme Court for the petitioners and gone through the impugned judgment as well as the record.
4. High Court appears to have taken into consideration the judgment reported as Nazir Ali v.
Karachi Water and Sewerage Board 2004 CLC 578 and All Pakistan Textile Mills Association v.
Province of Sindh 2004 YLR 192. It is contended that in view of the Sindh Government Gazette Notification issued by the Government of Sindh, dated 27-3-1996, page 32 of the paper book, petitioner-Board is entitled to recover water charges irrespective of the fact whether the water is supplied directly or indirectly within the limits of the petitioner's Board. Learned counsel has brought to our notice two leave granting orders in C.P.L.As. Nos.662-K and 663-K of 2004, dated 13- 7-2005 and the C.P.L.As. Nos.592-K and 593-K of 2005, dated 26-10-2005.
5. Since identical questions have been raised in this petition consistent with the practice of this Court and in order to avoid any conflict of judgment we grant leave to appeal against the impugned judgment of the High Court to examine the questions raised therein.
6. Appeal arising out of this petition shall be fixed for hearing along with connected appeals.