SATISH CHANDRA, J. :- These two appeals have been filed by the State of Uttar Pradesh. They raise same question, and can be conveniently decided by a common order. They are directed against the judgment of a learned Single Judge allowing two writ petitions and directing the appellant not to take action under Section 3 of the U. P. Electricity (Temporary Powers of Control) Act, 1947. The learned Judge found that this section was void on the ground of repugnancy with Sections 57 and 57-A of the Electricity Supply Act No. 54 of 1948, as amended by the amending Act, No. 101 of 1956, and with Section 22-B of the Indian Electricity Act, 1910, as amended by the Central Act No. 32 of 1959.

2. The relevant and material facts in relation to the Benares Electric Light and Power Co. Ltd., the respondent in Special Appeal No. 301 of 1972 are as follows :

3. The respondent company carries on the business of generating, supply and distribution of electrical energy in the city of Benares, under a licence granted to it under the Electricity Act, 1910.

4. Under the Defence of India Act, 1939, the State Government had been conferred powers of control over production, supply and distribution of