JAYSHREE CHEMICALS Vs. ORISSA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Aggrieved against the order passed by the High Court in dismissing the writ petition filed under Article 226 of the Constitution of India (Original Jurisdiction Case No. 165 of 1992) the writ petitioners-appellants have filed the present appeal.

(2.) In the writ petition the appellants challenged their liability to pay minimum charges to the Orissa State Electricity Board (for short "the Board") under the provisions of the State Electricity Board (General Conditions of Supply) Regulations of 1981 (for short "the Regulations") framed under Section 79(j) and (k) read with Section 49A of the Electricity (Supply) Act, 1948 (for short "Supply Act"). Clause 31(e) of the Regulations provides:

(3.) The appellant No. 1 under the Regulations has been categorised as "a power intensive Industry", i.e., it consumes power as a raw material. It has entered into two subsisting agreements with the Board (dated 31-10-1980 and 19-2-1983) for supply of electricity to its Sodium Hydrosulphite and Caustic Soda Plants. In the normal production year of the electricity the consumer is permitted to consume electricity as per its contracted demand. Appellant No. 2 is a shareholder of appellant No. 1. Under Section 22B of the Indian Electricity Act, 1910 (for short "the Act") the power vests in the State Government to control the distribution and consumption of the electricity. Section 22B reads as under :