' Bailiff has produced the detenu in Court. According to the respondents, present in Court, the detenu is liable to pay a substantial amount bill over Rs,1,00,000 as arrears of the electricity bill installed in the premises, which according to them, still stands in his name.
2. Learned counsel for the petitioner submits that the industrial concern was sold by the petitioner as far back as on 28-3-1979 through a registered deed, in favour of Aman Ullah and others- vendees who have been consuming electricity though no change was effected in the WAPDA record about this sale.
3. According to him the detenu was not issued any show-cause notice before his arrest was effected and as such the detention of the Fateh Ilahi detenu is illegal.
4. I have gone through the papers produced by the Tehsildar (Recovery) respondent No,6. There is no record of any notice issued to the detenu about his alleged liability prior to his arrest.
5. Arrest and detention of any person under section 82 of Land Revenue Act, can take place only if a prior notice in terms of section 81 had been issued. This was not done in the instant case. No determination of amount due against the detenu took place and he was straightaway apprehended and detained.
Such a detention is clearly illegal. Resultantly, the petition is accepted and the detenu is directed to be set at liberty forthwith.
6. It shall be open to respondents Nos.1 to 6 and 8 to proceed in accordance with law to effect recovery of the alleged arrears of electricity bills from whosoever is held liable for the same.