Sikandar Hayat VS Metropolitan Corporation Islamabad etc

ORDER SHEET

IN THE ISLAMABAD HIGH COURT, ISLAMABAD

JUDICIAL DEPARTMENT

W.P. No.907 of 2021 Sikandar Hayat Versus Metropolitan Corporation Islamabad

S. No. of order/ Date of order/ Order with signature of Judge and that of parties or counsel proceedings proceedings where necessary. 08.03.2021 Barrister Qamar Hussain Sabzwari, for the petitioner.

Through the instant writ petition, the petitioner, Sikandar Hayat, seeks a direction to the respondent, Metropolitan Corporation Islamabad to issue a license to supply water from a tube well to the houses in Sectors G-15, G-16 and F-17, Islamabad.

2.Learned counsel for the petitioner drew the attention of the Court to an undated letter from the Water Supply Directorate of the respondent which shows that the petitioner had filed an application for the issuance of a license for filling water from tube wells into private tankers. The said application has not been decided as yet.

3.In the first paragraph of the writ petition, it has been pleaded that “the petitioner to the best of his efforts, provides supply of water through water tankers to the residents nearby including mosques.” This pleading shows that the petitioner is already carrying out the activity for which he is applied for a license.

4.The supply of water through private tankers without a license is unlawful. Unless a license in this regard is granted to the petitioner, he shall refrain from extracting water through a tube well and supplying it through tankers. The petitioner’s conduct of supplying water through tankers before his application is decided by the respondent disentitles him from any discretionary

/ equitable relief in the Constitutional jurisdiction of this Court.

5.In view of the above, the instant petition is dismissed in limine.

6.Office is directed to serve a copy of this order on the Mayor, Metropolitan Corporation Islamabad as well as the Chairman, Capital Development Authority.

(MIANGUL HASSAN AURANGZEB)

JUDGE

Sultan*