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1988 Supreme(SC) 186

SABYASACHI MUKHARJEE, G.L.OZA
Hyderabad Engineering Industries LTD. – Appellant
Versus
A. P. State Electricity Board – Respondent


Advocates:
A.K.JAIN, A.K.SEN GUPTA, A.M.SANGHVI, Anil B.Divan, F.S.NARIMAN, G.L.SANGHI, H.M.SINGH, K.JAIN, K.RAJENDRA CHAUDHARY, K.S.Gurumurthy, KAILASH VASUDEV, L.M.SINGHVI, N.VAZIRI, PARVIN KUMAR, R.S.Yadav, SANDIP NARAYAN, SHANTI BHUSHAN, Shri Narain, U.K.KHAITAN, V.B.Reddy, VINU BHAGAT, VIPIN SANGHI

Judgment

OZA, J. :- Leave granted.

2. These special leave petitions have been filed against the judgment of the Division Bench of the Andhra Pradesh High Court delivered on 25-6-87 wherein the learned Judges set aside the orders passed by learned single Judge of the High Court in Letters Patent Appeal. The petitioners had filed writ petitions before the High Court which were heard by a learned Single Judge and who by his orders quashed the notification issued by I the respondent Board dated 21-7-81 unilaterally altering the conditions of supply. The learned single Judge held that the Board had no authority unilaterally to alter the conditions of supply of electricity but on appeal the learned Judges of the Division Bench get aside the judgment passed by the single Judge And held that the Board respondent had the statutory authority under Section 49 of the Electricity Supply Act, 1948 (Act for short) to lay down the conditions of supply and if any doubt exists Section 18 clause (c) of the Act confers powers on the Board. It is against this judgment of the Division Bench in all these petitions which were disposed of by a common judgment that these special leave petitions have been file



































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