- (1.) Leave granted.
(2.) Validity of an action of withdrawal of a circular letter dated 8.09.2000 issued by the U.P. Power Corporation Ltd. (Respondent No. 2 herein) was the subject matter of ten writ applications filed before the High Court. The said writ petitions were dismissed.
(3.) The writ petitioners preferred appeals before us upon obtaining special leave. This Court in LML Ltd. v. State of Uttar Pradesh and Others [(2008) 3 SCC 128] allowed the appeals against the Corporation. The appellant before us is against the said common judgment of the High Court. In LML Ltd. (supra), this Court, inter alia, held: "50. The proximity of issuance of the circular vis--vis notification must also be noticed. The tariff was framed on 7-8-2000 which came into force from 9-8-2000 whereas the Circular was issued on 8-9-2000. The consumers exercised their option on 31-10-2000. The judgment in LML1 was delivered on 25-4-2001. The Circular dated 31-8-2001 undoubtedly was issued in view of the said judgment. The said judgment did not deal with the questions raised before us. In any event if the licensee violates the tariff approved by the Commission appropriate legal action can be taken against it. But it would be too much to contend that for a mistake on the part of the Corporation, the consumers would suffer. In this view of the matter, we are of the considered view that the doctrine of estoppel shall apply in the cases where the promise was made. However, the principle of said doctrine would, however, not be applicable where no such promise was made.";