SYED ARSHAD ALI, J.--- The petitioner, who has established a Marble Factory at erstwhile Federally Administered Tribal Area ("FATA") and consumer of TESCO, through this petition, challenge the income tax/sales tax etc, which is reflected in his electricity bills and prayed that the same be declared as illegal and unlawful.
2. Arguments heard and record perused.
3. National Electric Power Regulatory Authority ("NEPRA") is an Authority established under Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 ("Act"), inter alia, for granting licence under the Act, ensure efficient tariff structure and market design for efficient liquidated in power market, settle all disputes between licencee and perform any function which is incidental and consequential thereto. However, it has the exclusive jurisdiction to determine the tariff, rates, charges and other terms and conditions for supply of electric power service by the Generation, Transmission and Distribution Companies. For determination of any tariff, NEPRA follows its notified Guideline and other indexes as provided in the Power Purchase, Agreement etc. of IPPS/GENCO. Indeed, determination of tariff or other charges requires elaborate discussion considering various legal and factual factors in view of the approved guideline of the Federal Government as well as NEPRA. This Court being a Constitutional Court has neither any such expertise nor can make a probe in the said matter. Although the petitioner has challenged the said tariff on the various legal grounds, however, for effective determination of this issue, the appropriate forum is NEPRA which under Section 7(2)(g) and Section 3(1) of the Act, the NEPRA has the authority to review its orders. Since the present petitioner has not approached the NEPRA in this regard, therefore, we would transmit this petition to NEPRA for its decision after hearing the parties. Office is directed to transmit this petition to NEPRA and retain its photocopy for the purpose of record. NEPRA is expected to decide the petition within fifteen (15) days positively after receipt of judgment of this Court.
4. The Writ Petition stands disposed of accordingly.