P.N.BHAGWATI, J.

(1) THIS appeal, by special leave, is brought against an order of the High court of orissa dismissing a writ petition filed by the appellant for quashing a press note dated 1/02/1971, levying a coal surcharge at the rate of 0.62 p. per unit on electricity supplied by the orissa State Electricity Board from the Talcher Hirakud grid. The writ petition came to be filed by the appellant in the following circumstances.

(2) THE appellant is a limited liability company carrying on business of manufacture of board and paper. The appellant wanted to set up its factory at a place which would be convenient from the point of view of availability of facilities such as electric power. The State of orissa had, about this time, commissioned hydroelectric station at the site of Hirakud dam with a view to stepping up the production of electricity and making it available for industrial purposes. It offered to supply electricity to the appellant at reasonable rates as also to make other facilities available to the appellant if the appellant set up its factory at Choudwar in Cuttack district. An agreement dated 3/12/1960 was accordingly entered into between the appellant