BEST COTTON MILLS Vs. CHIEF ENGINEER

JUDGEMENT

(1.) Both Writ Petitions are filed praying to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent in his letter No.SEU/UDT/AEE/GL/AE/SDM/F.HT GL/D.No.0513/12 dated 12.03.2012, quash the same as unsustainable in law and consequently direct the respondents 1 and 2 to install dedicated feeder vide application dated 21.07.2005.

(2.) Mr.S.K.Rameshwar, learned standing counsel appearing for the electricity board takes notice on behalf of the respondents. By consent both the writ petitions are taken up together for final disposal.

(3.) The two petitioners are private limited companies and have a separate high tension electricity service connection. Petitioner Best Cotton Mills draw electricity supply under HTSC No.129 and the petitioner Balu Spinning Mills Pvt. Ltd., draw electricity supply under HTSC No.197. In view of the power crisis prevailing in the State, the petitioners wanted to avail power through third party sources to meet their industrial consumption requirements and for this purpose wanted to install a dedicated feeders since no looping of the injected energy is possible in categories of consumers in the vicinity. The dedicated feeder line, according to the petitioners, will help the petitioners as well as Board to arrest or stop leakage of electricity. For this purpose, on 21.7.2005, the two petitioners made a joint application to the second respondent to provide a separate 22 KV feeder to the petitioners industries. This was sanctioned by the second respondent vide letter dated 21.12.2005 and the petitioners were directed to remit a sum of Rs.9,24,960/- in favour of the respondent Board. The above amount was deposited by receipt dated 19.1.2006. They executed an agreement to the effect that after executing the work, due to escalation in cost of materials, if any excess amount is payable, it would be borne by the petitioners as requested by the second respondent. In spite of complying with all the requirements as above, the respondents failed to provide the dedicated feeder, as per the sanction dated 21.12.2005. The matter is kept pending for a long number of years. On 27.2.2012, a follow up request was made for the dedicated feeder line. In response to that, the impugned communications were received in letter No.SEU/UDT/AEE/GL/AE/SDM/F.HT GL/D.No.0513/12 dated 12.3.2012 which are under challenge. For better clarity of the issue the brief order of the Superintending Engineer in respect of Best Cotton Mills is set out hereunder:-