SILCHAR ELECTRIC SUPPLY LTD. Vs. SECRETARY TO THE GOVT, OF ASSAM POWER (ELECTRICITY) MINES AND MINERALS DEPT. AND ORS.

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution of India, the Petitioner has challenged the notice dated 16 -10 -67 to show cause against the revocation at the Silchar Electric Licence, 1928 and the order of revocation dated 26th March 1968 which was communicated by a telegram dated 26 -3 -1968. The show -cause notice is annexure II to the petition and the telegram conveying the Government's Order is annexure IV to the petition.

(2.) THE revocation order dated 26 -3 -1968 which was published in the Assam Gazette, Extraordinary, dated 27th March, 1968, is as follows:

(3.) THE Petitioner's case in brief is that in accordance with the terms and conditions of the licence, it duly deposited the security money of Rs. 5000/ - within the time prescribed and at the initial stage installed, two generating sets of 128 K. W. only and after laying transmission, distribution, and service lines for supply of electrical energy within the licensed area, it started supplying electrical energy to the consumers in accordance with the directions of the authorities issued from time to time. During the course of the last 10 years, the Petitioner Co. installed three generating sets from time to time in order to cope with the sudden and unexpected increased demand for power due to the influx of refugees from East Pakistan in the town of Suchar. Out of the aforesaid three generating sets, one was 250 K. W. set in D. C. and the other two sets were in A. C. As the Assam State Electricity Board did not favour the extension of D. C. system, the Petitioner company made arrangement for the purchase of a third bigger A. C. generating set and approached the Government for the import of the said third set, but the Assam State Electricity Board did not recommend the import of the said set on the ground that power from Umium would be available in the Cachar area earlier than one year's time, and therefore the Petitioner Under those circumstances could not and did not take further steps for the purchase of any more sets.