YASHODA NANDAN, J. :- This appeal by the State Electricity Board, Uttar Pradesh, which is a licensee within the meaning of S. 26 of the Electricity Supply Act, 1948, is directed against the judgment of a learned single Judge in a writ petition filed by respondent, Prakash Talkies.

2. The respondent runs a cinema house styled as Prakash Talkies, Banda. It had obtained electric connections for light and fans as well as for industrial power. The industrial power connection had been obtained for running the motor for the projector and metal rectifier. Officials of the vigilance department of the appellant visited the respondents premises and discovered that electrical energy supplied for the industrial power connection was being utilised for feeding a dynamo and a motor which generated D. C. Energy which, in turn, was used for running D. C. fans in the respondents premises. The appellant Board took the view that since the respondent was using the energy supplied by it for running fans, it was liable to pay for the electricity consumed according to the rates applicable for supply of electrical energy for lights and fans. In the appellants view the respondent could not legitimate