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1996 Supreme(SC) 1475

G.B.PATTANAIK, K.RAMASWAMY
Ester Industries – Appellant
Versus
U. P. State Electricity Board – Respondent


ORDER

This special leave petition arises from the judgment and order of the Division Bench of the Allahabad High Court at Lucknow made on May 8, 1996 in Writ Petitioner No. 10195/89.

The admitted position is that the Government of Uttar Pradesh had laid down a sanction for grant of 10% developmental rebate in supply of electricity to the newly set up industries on July 16 , 1986 and that was to be in vogue till 1990. It is the claim of the petitioner that pursuant to that policy, the petitioner had set up his industry in Nainital District. Consequently, he is entitled to the rebate. When the bill was issued, the Board imposed its tariff rates contrary to the rebate. Resultantly, they filed the writ petition. The High Court in the impugned judgment has held that Section 78A of the Indian Electricity (Supply) Act, 1948 (Act 54 of 1948) (for short, the Act ) being a legislative policy, the Board was not automatically bound by the directions issued by the State Government. The Board is entitled to revise tariff in accordance with its procedure. Therefore, writ could not be issued compelling the Board to follow the directions issued by the State Government. Thus, this special leave petit









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