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1970 Supreme(All) 108

D.S.MATHUR, S.N.SINGH
City Board, Mussoorie – Appellant
Versus
State Electricity Board – Respondent


Advocates:
S.K. Tewari and S.N. Misra, for Appellant; K.N. Sinha and Standing Counsel, for Respondents.

Judgement

JUDGMENT :- This is a Special Appeal by the City Board, Mussoorie, against the order of the learned Single Judge dismissing with costs its petition under Article 226 of the Constitution of India. The Writ Petition is against the State Electricity Board, Lucknow (to be referred hereinafter as the Board), the State of Uttar Pradesh and the Central Electricity Authority, New Delhi (to be referred hereinafter as the Authority), with the prayers that a writ of certiorari be issued to quash the two Notifications dated 24-4-1962 and 30-9-1967, Annexures "A" and "B" to the Writ Petition, and also for a writ of mandamus to direct respondents Nos. 1 and 2 not to enforce the said Notifications against the petitioner and further to direct respondent No. 1 not to realize 7½% for supply of electric energy at a lower voltage of 6,600 volts, and 20% surcharge imposed under the second Notification, and also the coal charges from the petitioner. A prayer was also made for the issue of a writ of mandamus to direct respondent No. 1 to make the demand charges on the basis of the maximum demand, and not on the basis of the chargeable demand as contemplated by the two Notifications. In the end,













































































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