- (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: "Every consumer shall during the continuance of agreement also pay, when required, the monthly minimum charges even if no electricity is consumed for any reasons, wheresoever, or supply has been disconnected and also if the monthly charges for electricity actually consumed much less than the minimum charges subject to exemption, if any, provided in the agreement or under these regulations."
(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 : "22B. Power to control the distribution and consumption of energy.- (1) If the State Government is of opinion that it is necessary or expedient so to do, for maintaining the supply and securing the equitable distribution of energy, it may by order provide for regulating the supply, distribution, consumption or use thereof. (2) Without prejudice to the generality of the powers conferred by sub-section (1) an order made thereunder may direct the licensee not to comply, except with the permission of the State Government, with- (i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the Indian Electricity (Amendment) Act, 1959, for the supply (other than the resumption of a supply) or an increase in the supply of energy to any person, or (ii) any requisition for the resumption of supply of energy to a consumer after a period of six months, from the date of its discontinuance, or (iii) any requisition for the resumption of supply of energy made within six months of its discontinuance, where the requisitioning consumer was not himself the consumer of the supply at the time of its discontinuance." Under this provision the State Government irrespective of any contract or agreement entered into can restrict the supply of electricity to the consumer if the State Government is of the opinion that it is necessary or expedient so to do for maintaining the supply and securing the equitable distribution of energy.;