1. MUHAMMAD ROSHAN ESSANI, J.---By this Constitutional petition, the petitioner Muhammad All has sought the following relief:--
(a) To declare that the notice and warrant issued by respondents Nos. 4 and 5 respectively are illegal, ultra vires having no legal status, based upon mala fide, therefore not sustainable under the law and liable to be set aside.
(b) To restrain the respondents Nos.3 to 5 from creating harassment against the petitioner and his family, in any way or from using any coercive method against the petitioner and his family, in order to compel him/them to comply with their illegal demand.
(c) To direct the respondent No,4 to restore the telephone services of the petitioner bearing Telephone Nos.650087, and 650905 installed at Mando Dero, 460021 installed at Halani as there is nothing outstanding against these telephone numbers, neither the petitioner nor his family is defaulter in any way.
(d) To award cost of this petition.
(e) To grant any other relief, which this Honourable Court deems fit and proper under the circumstances of the case. The facts as disclosed in the petition by the petitioner Muhammad Ali are that he owns chain of petrol pumps situated in different parts of country. In Sukkur Division, the petitioner has six petrol pumps in the name of "TAJ PETROLEUM SERVICE" There are different telephone connections installed at the various petrol pumps of the petitioner. The petitioner is looking after the business of petrol pumps situated in Sukkur Division. The petrol pumps are joint properties of petitioner and his other family members.
2. It is further stated that the petitioner and his family are paying their utility dues regularly and have committed no default particularly in the payment of the telephone bills. All the payments of telephone numbers of the petitioner and his family members are paid up to current month. It is further averred that in the first week of September, 2000 the petitioner received a notice from respondent No,4 which was addressed in the name of elder brother of the petitioner. In the notice, the respondent No,4 demanded from the petitioner that he should pay the arrears of Rs,1,26,586 which were allegedly outstanding since 1987 against the Telephone No,RRI-51022. According to notice, this telephone number was installed at the petrol pump of the petitioner situated at Ali Wahan, Rohri. In the impugned notice, it was mentioned that the alleged telephone connection was installed at M/s. Taj Waziristan Hotel situated at Taj Petrol Pump, Ali Wahan, Rohri. The said hotel was not the property of the petitioner, or his any other family member, nor they had any connection with that property, therefore, the petitioner immediately went to the office of respondent No,4 and informed him that they have no concern with the alleged telephone number of Taj Wazirstan Hotel. The petitioner further informed the respondent No,4 that neither the elder brother of the petitioner namely Taj Muhammad Shaikh, nor any other family member had ever applied for the said telephone connection. The said telephone connection was riot in the name of any family member of the petitioner. On Enquiry, the respondent No,4 informed that the telephone connection was applied and was in the name of one Manay Khan Pathan and there was no "N.O.C." or any application from the side of petitioner. After verifying this fact, the petitioner requested respondent No,4 for withdrawal of the impugned notice who advised the petitioner to apprise the respondent No,3. On approach, the respondent No,3 assured that the matter would be decided after verifying the facts from the record. It is further stated that on 13-9-2000 the petitioner again approached respondents Nos.4 and 5 at Mando Dero Petrol Pump in this context but they demanded illegal gratification of Rs,50,000 to bury the issue, else the case would be referred to N.A.B. On refusal to pay the illegal gratification, respondent No,5 issued threat of dire consequences. On 20-9-2000, some police personnel came at the petrol pump of the petitioner with warrant of arrest in the name of elder brother of the petitioner namely Taj Muhammad Shaikh, issued by respondent No,5. Due to non-availability of Taj Muhammad Shaikh, Police party returned back informing that they will come again to execute the warrant. On the same day, all telephones were closed by the respondents Nos.4 and 5. It is further stated that on approach, respondents restored the telephone service of their residential numbers but still the telephones Nos.650087, 650905 at Mando Dero and 460021, 460210 at Halani are closed which has caused financial loss to the petitioner as his business has been disturbed and it has also caused mental torture to the petitioner and his family members for no fault on their part. Pursuant to the notice, the respondents Nos.3, 4 and 5 filed parawise comments wherein they have admitted the issuance of notice under sections 81 and 82 of West Pakistan Land Revenue Act, 1967.
3. It is further stated that Telephone No,RRI-51022 was installed in the property of petitioner and his brother Taj Muhammad Shaikh which reportedly was leased out by them to someone. The telephone was disconnected in the year 1987 on account of outstanding dues of Rs,1,26,586. It is further stated in the comments that the Special Magistrate PTCL, Sukkur Zone has also desired to enforce recovery from the defaulters by using all procedural methods, therefore, his working numbers were got legally disconnected only to enforce recovery of chronic outstanding dues. It is further stated in the comments that as per instructions of PTCL, Headquarters, Islamabad contained in the Circular No,PH.18-17/93-PT dated 20-3-1993, recovery canbe effected on the establishment of business in the same tenement or on account of blood relationship. We have heard Mr. Saifudedin Shah, learned counsel on behalf of the petitioner and Mr. Abdul Sattar R. Khokhar, learned counsel on behalf of the respondents and perused the material placed on record.
4. The perusal of record shows that the respondents have admitted in their parawise comments that no dues in respect of telephone numbers 650087, 650905, 460021 and 460210 were/are outstanding against the petitioner. The amount, if any, was due, it was in respect of Telephone No,RRI-51022 installed at Taj Waziristan Hotel to which the petitioner has no concern. Merely the said hotel is adjacent to the petrol pump of the petitioner, the petitioner cannot be saddled with the responsibility or any illegal act committed by any other person. It is not the case of the respondents that the said hotel belongs to the petitioner. This fact is evident from the parawise comments filed by the respondents. Everybody is responsible for his own acts, deeds or misdeeds. Learned counsel for the petitioner has filed his statement and stated at Bar that the city survey number 502 Rohri is not the property of petitioner or of any other member of his family where the telephone No,RRI-51022 was installed.
5. The upshot of the above discussion is that the action taken by the respondents was arbitrary and in excess of their authority. Consequently, the prayer of the petitioner is allowed. The petition stands disposed of alongwith listed application with no order as to cost.