livelawpk.com - LHC Declares the MEPCO's Detention Order Illegal

Lahore High Court Declares the MEPCO's Detention Order Illegal: Any amount to be recovered as arrears of Land Revenue must be determined by a Competent Court

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Lahore High Court Declares the MEPCO's Detention Order Illegal: Any amount to be recovered as arrears of Land Revenue must be determined by a Competent Court

Islamabad 25-06-2024: In a current ruling, the Lahore High Court, Multan Bench, has declared the detention of father of petitioner, by MEPCO and other respondents as illegal and without legal effect. The Bench of High Court, presided over by Mr. Justice Muzamil Akhtar Shabir, ordered the immediate release of petitioner’s father.

The petitioner filed the case [Writ Petition No. 6368 of 2024] challenging the actions of MEPCO, which detained his father under the Land Revenue Act, 1967, to recover an outstanding electricity bill amounting to Rs. 83,56,398. This amount was originally associated with an electricity meter registered in the name of petitioner's deceased grandfather. The legality of these arrears was already under adjudication in another writ petition (W.P. No. 19439/2023).

The Court noted that MEPCO issued a notice under Section 82(1) of the Land Revenue Act for the recovery of the amount, leading to the detention of petitioner’s father. The petitioner argued that the outstanding amount had not been determined by a Competent Court and that the electricity connection was not in his father's name, making the detention and recovery process unlawful.

MEPCO and other respondents contended that they had the authority to determine and recover the outstanding amount without requiring Court validation. Mr. Justice Muzamil Akhtar Shabir reviewed precedents indicating that any amount to be recovered as arrears of land revenue must be determined by a competent court. The Court found procedural lapses in issuing notices under Sections 81 and 82 of the Land Revenue Act, 1967.

The Court ruled that the arrest and detention of petitioner’s father were illegal and without legal effect due to the absence of a court-determined outstanding amount. The detention order was set aside, and petitioner’s father was ordered to be released immediately.

This decision reaffirms the necessity of Court validation for the recovery of dues as arrears of land revenue, emphasizing the importance of following due legal procedures.