IZMMA CONSTRUCTIONS Vs. STATE OF U P

JUDGEMENT

(1.) The Petitioners have approached this Court to quash the order dated 31.3.2010 issued by the U.P. Power Corporation Ltd. By that communication, it was intimated that the mobile tower companies operating in the State were having their electricity connections disconnected for various reasons. Many a times, bills were not received on time, as a result of which the electricity supply is disconnected. The mobile tower companies, whenever they have to take new power connections and to get their load augmented, face several difficulties. To ensure coordination between the mobile tower companies and the distribution Corporations for tackling this problem, a proposal had been sought for appointment of Service Agent, having sufficient experience in this field and already working for the mobile tower companies. A company namely, Quadra Ingrate Synergies Pvt. Ltd.-Respondent No. 4 herein, had applied for these services. The Company fulfilled the requisite qualifications and as such a decision was taken to appoint that Company as a Service Agent and accordingly, it has been authorised to work as a Service Agent for all the mobile tower companies. It was also intimated that the Service Agent, for such working, shall be paid no remuneration by the distribution Corporations or the Power Corporation Ltd. and they will get their remuneration from the Mobile Tower Companies.

(2.) The Petitioners contend that they are registered Firms/Authorised Service Agents on contract for various Mobile Companies for getting sanctioned electricity connections and load enhanced to the Mobile Towers of different companies from the U.P. Power Corporation.

(3.) According to the Petitioners, Respondent No. 2, without publishing any notice in the Newspaper, and/or without advertising/circulating and without following the rules and guidelines, by private negotiation due to pressure and influence, appointed Respondent No. 4, as a Service Agent for the entire State of Uttar Pradesh to get sanctioned electricity connection and load enhanced for the Mobile Towers of the Mobile Companies.