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2022 Supreme(All) 1505

SAUMITRA DAYAL SINGH
Executive Engineer, Dakshinanchal Vidyut Vitaran Nigam Limited – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Alok Mishra

JUDGMENT :

Saumitra Dayal Singh, J.

Heard Sri Alok Mishra, learned counsel for the petitioners and learned Standing Counsel for the State.

2. Present writ petition has been filed by the Distribution Corporation. It arises from the award of the Permanent Lok Adalat, Kasganj dated 17.1.2022 passed in Case No. 46 of 2021 (Smt. Pinki Yadav v. Executive Engineer, Electricity Distribution Division, Urban, Prabhu Park, Kasganj and another. The petitioners also seek to assail the constitutional validity of Section 22-A(b)(iii) of Legal Services Authorities Act, 1987 (hereinafter referred to as the 'impugned Act').

3. During the course of hearing, submissions were advanced as to the validity issues. Merit issues giving rise to the award have not been questioned.

4. Submission of learned counsel for the petitioners is, the Electricity Act, 2003 (hereinafter referred to as the 'Act') with the U.P. Electricity Supply Code, 2005 (hereinafter referred to as the 'Code') read together, constitute the special law to deal with all challenges that may arise to any assessment order or demand raised under those Acts. Thus, referring to Section 135 of the Act and Clause 6.5 of the Code, it has been submitted

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