Judgment

THAKKAR, J. :- The appellant invoked the extraordinary jurisdiction of the High Court under Article 226 of the Constitution of India in order to challenge the order passed by the respondent - U.P. Electricity Board levying a surcharge of 5.5. paise per unit of electricity drawn by the appellant in excess of the permissible 70 per cent authorised by the State Government. State Government had imposed a ban on drawing electricity in excess of 70% of the consumption in exercise of powers under S. 22-B of the Indian Electricity Act of 1910 having regard to the fact that on account of shortfall of rain the generation of electricity had been adversely affected and it was not possible to supply electricity to the consumers as per the demand. The learned Single Judge of the High Court dismissed the Writ Petition inter alia on the ground that the equities were against the appellant (writ petitioner ) in view of the fact that the respondent-Board had purchased electricity from the Damodar Valley Corporation (D.V.C.) at the rate of 4.57 per unit in order to make available the electricity as per the demand of the appellant and other industrial units at their request. Says the learned si