- (1.) With a view to run its Cold Storage, the petitioner applied to Benares Electric Light & Power Company Limited for supply of electrical energy under the provisions of the Benares City and Cantonment Electric License, 1967-68. The power connection was provided to the petitioner from 132 KV Sub-station, Contonment, Varanasi. An agreement to this effect was executed between the petitioner and the Benares Electric Light & Power Company Limited in the year 1925. Taking recourse of the entire distribution work of the electrical energy of Benares Electric Light & Power Company Limited stands vested in the U.P. State Electricity Board (in short 'UPSEB' and as a consequence thereof the petitioner became consumer of the said Board. An agreement was executed in this behalf which was renewed from time to time. In the meantime, the contracted load of the petitioner had gone various variations from time to time, which now stands as 128 KVA for which an agreement was executed between the petitioner and the Board on 1.6.1985.
(2.) The State Government issued Uttar Pradesh Electricity Reforms Transfer Scheme, 2000 which resulted in winding up of UPSEB and transferred all its assets and liabilities etc. to U.P. Power Corporation Limited and two other companies. The distribution and transmission work of the UPSEB was also transferred to U.P. Power Corporation Limited and the generation of two other companies. Thereafter the Central Legislature intervene for major reformation in Electrical sector and in order to simplify legal provisions available in different Acts enacted a comprehensive legislation namely, Electricity Act, 2003 which came into force on 10.6.2003.
(3.) In order to ensure running of its Cold Storage unit, petitioner required 128 KVA power load and accordingly the U.P.State Electricity Board installed a transformer of 250 KVS capacity, which was sufficient to meet out the petitioner's requirement and power supply was rearranged and transferred to 33 KV feeder emanating from 132 KV Sub-station, Gajokhar, Varanasi.;