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2011 Supreme(SC) 80

GYAN SUDHA MISRA, B.S.CHAUHAN, J.M.PANCHAL
Shree Sidhbali Steels Ltd. – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioners:Shanti Bhushan, Sudhir Kumar Gupta, M.L. Lohaty, R.K. Gupta, P.K. Sharma, Ms. Gargi, Advocates.
For the Respondents:Shail Kr. Dwivedi, AAG, Pramod Swarup, Sr. Advocate, Anuvrat Sharma, Ms. Alka Sinha, Ameet Singh, R.K. Verma, A.P. Sahay, Ms. Rachana Srivastava, Pradeep Misra, Suraj Singh, Advocates.

Judgment

J.M. Panchal, J.

By filing this petition under Article 32 of the Constitution, the ten petitioners which are Private Limited Companies have prayed to issue a writ in the nature of mandamus or any other appropriate writ or order declaring notification No. 1208/HC/UPPCL-V-1974/1204/2000 dated 07.08.2000 issued by the UP Power Corporation Limited, which was formerly known as U.P. State Electricity Board as illegal, arbitrary and violative of Articles 14, 19(1)(g) and 21 of the Constitution in so far as it denies the petitioners, the Hill Development Rebate of 33.33% on the total amount of electricity bills issued by the respondents for the remaining unexpired period of five years from the date of commencement of supply of electricity to the industrial units of the petitioners. The petitioners have also prayed to issue an appropriate writ in the nature of mandamus or any other appropriate writ, order of direction commanding the respondents to restore/give Hill Development Rebate of 33.33% to the industrial units of the petitioners on the total amount of the electricity bills for the remaining unexpired period of five years.

2. The facts giving rise to the filing of this petiti




















































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