PAWAN KUMAR AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Agrawal, J. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Pawan Kumar Agarwal, seeks the following reliefs : (a) issue a writ, order or direction in the nature of certiorari quashing the condition No. 3 in the order dated 6. 7. 2007, passed by the respondent No. 3 (Annexure-3) to the writ petition ; (b) issue a writ, order or direction in the nature of mandamus commanding the respondents, to provide the electricity connection in accordance with the U. P. Electricity Supply Code from the 33 K. V. Fatehpur Feeder and do not insist the petitioner to get the said connection from an independent feeder, i. e. , 133/33 K. V. Sub Station, Malwan, Fatehpur ; (c) Issue any other and further order which this Hon'ble Court deems fit and proper under the circumstances of the case ; and (d) To award cost of the petition to the petitioner. "

(2.) BRIEFLY stated, the facts giving rise to the present petition are as follows : According to the petitioner, he proposed to set up an industry for the purpose of weaving and dying textiles in the name and style of M/s. Luxmi Cotsyn Ltd. . at Malwan, district Fatehpur. For running the unit, the petitioner applied for a new electricity connection on 31. 10. 2006 for a total load of 3000 K. V. A. Vide letter dated 6. 7. 2007, it was stipulated in condition No. 3 by the Chief Engineer (Commercial), Purvanchal Vidyut Vitran Nigarn Limited, Varanasi (hereinafter referred to as "the Nigam") that the electricity connection can be given from an independent feeder for which the expenses have to be borne by the petitioner. The expenditure for getting the aforesaid connection from an independent feeder would come to a whopping sum of Rs. 19 lacs. Relying upon Clause 3. 4 of the U. P. Electricity Supply Code, 2005 (hereinafter referred to as "the Code"), which deals with the supply through independent feeder, the petitioner requested the authorities to grant electricity connection from 33 K. V. , Fatehpur feeder and not from an independent feeder. When the request was not acceded, the petitioner approached this Court by filing the present writ petition.

(3.) IN rejoinder, the petitioner averred that in case of a higher load consumer, dual meter is installed under the exclusive control of the Nigam to check power theft. It was further stated that some steel plants having higher load than 1000 K. V. A. , have been granted electricity connection from the mixed feeder and as such the action of the respondents is discriminatory.