' M. SOHAIL IQBAL BHATTI, J. Through this writ petition it has been submitted by the learned counsel for the petitioner that in pursuance to the sanction of scheme for electrification of Dhoke Kaleji Dakhli Lawa, Tehsil Talagang District Chakwal an administrative approval was accorded and the plan was prepared by the respondents, according to which the electricity was to be provided to the houses of the petitioner as well as respondents Nos.5 and 6 along with other inhabitants since the petitioner and respondents Nos.5 and 6 were the political opponents to the Member National Assembly, NA-61, the said MNA wrote a letter to the XEN/ respondent No.1 on 2-6-2011, and thereafter on 3-6-2011, the letter was addressed to the Resident Project Manager, in which a reference was made to the letter written by the aforementioned MNA wherein the said MNA had directed the S.D.O, Talagang verbally as well as in writing that the site sketch may be revised to remove three number of poles towards the houses of Safdar Khan, Noor Khan and Ghazni Khan.
Learned counsel for the petitioner submits that after the aforementioned letter the petitioner approached the civil court on 8-6-2011 and thereafter, this court on 27-6-2011.
2. In the report and parawise comments the respondents have submitted that during the process of erection of poles situation got out of control and to defuse the situation, upon the instructions of the local M.N.A., the department had to revise and change the whole scheme again. It is further submitted that the project is complete. No question of fundamental rights are involved in the matter and therefore the present writ petition may be dismissed.
3. I am afraid that the respondent-department could not allow the local politicians to pass instructions regarding their schemes as well as revising the said schemes upon politically motivated considerations. As the Government servants are bound to comply with those directions and orders which are legal, compliance of illegal orders cannot be justified. Even if there was any law and order situation regarding implementation of the approved scheme the matter could not have been referred to the local M.N.A but the law enforcing agencies are there to control law and order situation. Revising the scheme upon the instructions of local M.N.A. Shows malice and political Utility organizations like the respondents cannot deny the rights of the petitioner and respondents Nos.5 and 6 from the supply of electricity by revising the scheme. In my humble view right to have an electricity is a vested right and is a right to livelihood in the present day life. Right to livelihood is an inalienable right of a person. Electricity makes the life meaningful, complete and worth living. It has been held by this court in the case of Dr. Noor Muhammad Raja v. Deputy Manager, FESCO and others (2003 CLC 1874) the supply of electricity is a fundamental/vested right and moreover, all the persons similarly placed must be treated alike. Reliance is placed upon Government of Balochistan through Additional Chief Secretary v. Azizullah Memon and 16 others (PLD 1993 SC 341).
4. However, where a person is subjected to discriminatory treatment there. Must be an intelligible differentia which subjected person or things that are grouped together from those who have been left out; failing which the act of the authority would come within the mischief of Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973 and shall always be subject to judicial scrutiny by this Court under Article 199 of the Constitution. It is incomprehensible that electricity had been provided to the entire vicinity except the petitioner and respondents Nos.5 and 6, which inaction of the respondent-authorities cannot be allowed.
5. In this view of the matter, the present writ petition is accepted with the direction to the respondent-authorities to provide electricity to the petitioner and respondents Nos.5 and 6 immediately upon receiving their applications.