CH. MUSHTAQ AHMAD KAHN, J.- Learned counsel for the respondents who appeared in this petition as well as in the connected matters have placed on record a Notification No.52-111/G MCS/Tariffs/T-21 (Vol-IX) dated 6.2.1995, whereby the earlier notification issued on dated 24.11.1994, which has been impugned in these constitutional petitions, has been amended, as a result thereof levy of the additional surcharge has been made applicable w.e.f. 24.11.1994 instead of 7.11.1994.
Learned counsel appearing for the respondents as well as Mr. Farman Ali Shah, director General (R&CP) WAPDA have further stated that in those cases have the petitioners have already paid additional surcharge for the period prior to 24.11.1994 levied under the Notification No. 803- 64/GMCS/Tarrif/T-21(vol-IX) dated 24.11.1994 shall be adjusted in the further bills in case the petitioners approach the respondents with the prayer for adjustment. In view of the above factual development as well as statement made by the learned counsel for the respondents as well as official of the WAPDA, learned counsel for the petitioners in all these cases state they do not press their prayer for grant of interim relief against the recovery of additional surcharge under the impugned notification with retrospective effect and also their prayer for issuance of an order directing the adjustment of account of additional surcharge which has been recovered by the respondents so far as it relates to the period covered by the retrospective operation of the Notification dated 24.11.1994. They, however, pray, the, prayer for. Grant of interim relief regarding payments of additional surcharge for the period w.e.f. 24.11.1994 onward, may be finally argued on 12.3.1995 on which date, the main writ petition have been fixed for final hearing.
2. Resultantly, the stay applications/stay matters filed in all these constitutional petitions to the extent of claiming of interim relief against recovery of additional surcharge for the period prior to 24.11.1994 levied under the Notification dated 24.11.1994 as well as the prayer for grant of relief of adjustment are disposed of as not pressed. The respondents, however, when approached, by the petitioners, who have paid the amount of additional surcharge for the period prior to 24.11.1994 under the aforementioned notification, seeking adjustment of the said amount in the subsequent bills, shall be attended to the request and grant relief immediately within a reasonable period time: The prayer for grant of interim relief in relation to the recovery of additional surcharge for the period w.e.f. 24.11.1994, onward shall be considered on the next date of hearing, alongwith the main writ petitions.
3. The respondents shall file written statement within a fortnight with an advance copy to the learned counsel for the petitioners who may file a rejoinder thereto within a period of one week after receipt of a copy of the written statement. Both the parties shall be ht liberty to place on record any documents in support of their respective contentions.
4. Adjourned to 123.1995. Office shall ensure that service, in those cases which are not complete, well advance in time. Process fee etc. Shall be deposited by the petitioners within seven days.