HARJENDER SINGH S/O KUNDAN SINGH Vs. UTTARAKHAND POWER CORPORATION
LAWS(UTN)-2013-4-94
HIGH COURT OF UTTARAKHAND
Decided on April 06,2013

Harjender Singh S/O Kundan Singh Appellant
VERSUS
Uttarakhand Power Corporation Respondents

JUDGEMENT

- (1.) This delay condonation application has been filed seeking condonation of delay in filing the appeal against the order dated 4.1.2013, passed by a learned Single Judge of this Court in Writ Petition No. 26/2013 (M/S). The delay of 54 days, in filing this appeal, has been explained sufficiently in the affidavit filed by the appellant/petitioner Harjender Singh. Hence, delay condonation application is allowed. Delay in filing this appeal is condoned.
(2.) Heard learned Counsel for the parties on admission, and also perused the order dated 4.1.2013, passed by a learned Single Judge of this Court in Writ Petition No. 26/2013 (M/S), Mahendra Singh & Others v. Uttarakhand Power Corporation & Others, whereby the said petition was disposed of in the light of the observations made on 3.1.2013 in Writ Petition No. 10/2013 (M/S) Anil Kumar & Others v. State of Uttarakhand & Others.
(3.) Brief facts of the case are that the writ petitioners/appellants were electricity consumers of Uttar Pradesh Power Corporation since the period prior to the creation of New State of Uttarakhand. They are residents of district Bareilly in the State of Uttar Pradesh, which is undisputedly not the part of the State of Uttarakhand. Section 63 of Uttar Pradesh Reorganisation Act, 2000 contains provisions relating to the functions of Uttar Pradesh Power Corporation after creation of the State o Uttarakhand. Section 64 of Uttar Pradesh Reorganisation Act, 2000 provides for continuance of arrangements in regard to generation and supply of electric power and supply of water. After creation of Uttarakhand Power Corporation and since it started functioning in the territory of State of Uttarakhand, the Uttar Pradesh Power Corporation had no role to play in the territory of State of Uttarakhand. As far as Uttarakhand Power Corporation is concerned, it is not obliged to supply electricity to the consumers residing within the territory of State of Uttar Pradesh.;


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