M IRZA VIQAS RAUF, J. This single judgment shall govern the instant writ petition as well as W.P. No. 9597 of 2020 as there is similarity and commonality in the questions of facts and law involved in both these petitions.
2. The petitioners are industrial concerns and manufacturers of textiles and allied products in Pakistan. They being aggrieved of process of tariff determination of gas for the year 2013-14 by the Sui Northern Gas Pipelines Limited (hereinafter referred as "SNGPL") approached the Oil and Gas Regulatory Authority (hereinafter referred as "OGRA") but of no avail. This prompted them to file W.P. No. 15358 of 2015, which was disposed of vide order dated 1st February, 2017 in the following, manner:-- In this view of the matter, a copy of this writ petition is directed to be remitted to the OGRA in terms of section 13 of the Oil and Gas Regulatory Authority Ordinance, 2002 which shall be treated as review and shall be decided after hearing the parties within a period of six weeks from date of receipt of certified copy of this order. In order so streamline the process, the petitioner is directed to appear before the OGRA on 10.02.2017 at 10:30 p.m.
3. SNGPL shall continue to issue sui gas bills to the petitioner on the basis of previous year subject to deposit of surety bonds by the petitioner with SNGPL. This writ petition is disposed of on the terms mentioned above."
In pursuance thereof; "OGRA" vide its order dated 6th July, 2020, dismissed the review petition.
2. This petition is though at pre-admission stage but both the sides have consented to treat the same as Pacca case and decide it as such.
3. Learned counsel for the petitioners contended that on review application filed by the petitioner, the respondents issued a notice, which was not properly delivered to the petitioners. Added that the decision was made without hearing the petitioners. Learned counsel emphasizes that the impugned order offends the mandate of principle of audi alteram partem. It is submitted that if the impugned decision is set-aside by directing the respondent authority to provide one opportunity of hearing to the petitioners before finalizing the matter, the petitioners would be satisfied. Learned counsel has mainly urged that previously a similar petition i.e. W.P. No. 9504 of 2020 has been decided by way of order dated 30th July, 2020 while setting aside the order of the "OGRA", whereby the parties were directed to appear before the authority on 17th August, 2020.
4. When this aspect is confronted to the latter, they thought have conceded said aspect but resisted on treating the petitioners similarly.
5. I am afraid, if the petitioners are also placed on a similar pedestal as that of petitioners in W.P.
No. 9504 of 2020, they cannot be treated differently as per mandate of Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973.
6. In view thereof; the impugned order dated 6th July, 2020 is set aside. The matter is remanded to "OGRA" to rehear the petitioners' grounds and decide the same afresh which exercise is expected to be carried out within 30 days from receipt of order of this Court. The petitioners in order to show bona fide shall deposit Rs.1.0 million with the respondent "SNGPL" within seven days from today and its fate shall be subject to final outcome of the matter pending before "OGRA".
7. Both the parties are directed to appear before the said authority on 17.08.2020. Learned Legal Advisor of the respondents shall convey this order to the concerned authority.
8. With these observations, this petition as well as W.P. No. 9597 of 2020 stand disposed of.