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1991 Supreme(P&H) 882

ASHOK BHAN, NARESH JAIN
Pritam Singh Birring – Appellant
Versus
State Of Punjab – Respondent


Judgment

ASHOK BHAN, J.

1. This judgment shall dispose of two Civil Writ Petitions Nos. 4912 and 5222 of 1987 as common questions of law and fact are involved in both the cases.

2. The facts are being taken from C.W.P. No. 4912 of 1987.

3. The point involved in this writ petition is as to whether the respondents-State and the Punjab State Electricity Board can treat unequally the domestic consumers-living in urban and rural areas in the supply of electric energy ? According to the allegations contained in the writ petition, the Punjab State Electricity Board (hereinafter referred to as the Board) has been constituted under the Electricity (Supply) Act, 1948 (for short the Supply Act) and has been invested with the powers of licensee as contemplated under the Indian Electricity Act, 1910 (for short the Act). No other person except the Board has the power to generate or distribute the electricity; that the respondent-Board while arranging the distribution of supply has divided the consumers into three groups :-

(i) Night Group Rural (ii) Day Group (iii) City Feeders.

Supply is given to all these three categories according to the instructions issued by the Board from time to time. In o











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