- (1.) Interpretation and application of Sec. 58 of the Madhya Pradesh Reorganisation tat, 2000 (for short "the 2000 Act") arises For consideration in these writ petitions.
(2.) Parliament enacted Electricity (Supply) Act, 1948 (for short "the 1948 Act"), in terms whereof the Madhya Pradesh State Electricity Board (for short "MPSEB") was established on 1.04.1957. It was a body corporate in terms of Sec. 12 thereof. The territorial jurisdiction of the Board was the entire State of Madhya Pradesh as notified and constituted by 'States Reorganisation Act, 1956' (for short "the 1956 Act").
(3.) A new State known as State of Chhattisgarh comprising of 16 districts carved out of the State of Madhya Pradesh was formed on 1.11.2000. Distribution of assets and liabilities of the States are indisputably governed by the 2000 Act. Pursuant to or in furtherance of the provisions of Sec. 58 of the 2000 Act, the State of Chhattisgarh was entitled to constitute its own State Electricity Board. It was constituted with effect from 15.11.2000. It started collecting revenue with effect from the said date but it offered the revenues collected to the MPSEB till 30.11.2000. The State of Madhya Pradesh also constituted a new Board with effect from 1.01.2001. It informed the Government of India about the formation thereof and requested it to issue necessary orders u/s. 58(4) of the 2000 Act enabling the successor Boards to take over assets, liabilities of the existing Board.;