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1974 Supreme(All) 74

M.L.SINHA, G.C.MATHUR
The Mirzapur Electric Supply Company Limited – Appellant
Versus
The State of U. P. – Respondent


Advocates:
B.C. Dey, for Petitioner; Standing Counsel, for Respondents.

Judgement

G. C. MATHUR, J.:- These five writ petitions have been filed by five licensees who had been granted licences under the Indian Electricity Act, 1910, for generation and distribution of electrical energy. The U. P. State Electricity Board has served notices upon each one of the licensees to deposit various sums of money as security. These notices have been challenged in these writ petitions. Since several common questions arise in these writ petitions, it will be convenient to dispose them of by one judgment.

2. The Electricity (Supply) Act, 1948, was enacted by the Central Legislature for the rationalisation of the production and supply of electricity and generally for taking measures conducive to electrical development. It, inter alia, provides for the setting up of State Electricity Boards, for the generation of electrical energy by the Boards and for the supply of electrical energy by the Boards to the licensees. All the petitioners are being supplied electrical energy in bulk by the U. P. State Electricity Board. The Uttar Pradesh Legislature enacted the Electricity (Supply) (Uttar Pradesh Amendment) Act, 1972, whereby it introduced the following Section 47-A in the Elec





































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