Satish Chandra, J. - (1.) THESE two appeals have been filed by the State of Uttar Pradesh. They raise same question and can be conveniently decided by a common order. They are directed against the judgment of a learned Single Judge allowing two writ petitions and directing the appellant not to take action under Section 3 of the U. P. Electricity (Temporary Powers of Control) Act, 1947. The learned Judge found that this section was void on the ground of re pugnancy with Sections 57 and 57-A of the Electricity Supply Act No. 54 of 1948, as amended by the amending Act, No. 101 of 1956 and with Section 22-B of the Indian Electricity Act, 1910, as amended by the Central Act No. 32 of 1959.
(2.) THE relevant and material facts in relation to the Benares Electric Light and Power Co. Ltd., the respondent in Special Appeal No. 301 of 1972 are as follows: The respondent company carries on the business of generating, supply and distribution of electrical energy in the city of Benares, under a licence granted to it under the Electricity Act, 1910.
(3.) UNDER the Defence of India Act, 1939, the State Government had been con ferred powers of control over production, supply and distribution of electricity. With the cessation of hostility, that Act lapsed. The Provincial Legislature felt that there was need to continue the powers of control. Accordingly, the U. P. Electricity (Tempo rary Powers of Control) Act No. 6 of 1947 was enacted. Section 3 of this Act provid ed:- "3. Powers to control production sup ply and distribution- (1) The State Government so far as it appears to it to be necessary or expedient for maintaining or increasing supply of elec tricity or for securing its equitable distribution and availability at fair prices, may by notified order provide for regulating or, pro hibiting the production, supply and distribu tion thereof and trade and commerce there in. (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made there under may provide: (a)........................(aa) for regulating the rates which may be charged by any undertaking for supply ing electrical energy and for relaxing any maximum or minimum limits otherwise im posed on such rates." Shortly thereafter, the Central Legislature enacted the Electricity Supply Act No. 54 of 1948 This Act was passed for the ratio nalization of production and supply of electricity and for electrical development. The Supply Act was amended by Parliament by the Electricity Supply (Amendment) Act No. 101 of 1956, which came into force on 31-12-1956. This amending Act introduced Sections 57 and 57-A and 6th and 7th Sche dules to the Supply Act. Sec. 57 provided that the provisions of the 6th and 7th Sche dules shall be deemed to be incorporated in the licence of every licensee (not being a local authority). It further provided that the provisions of the Indian Electricity Act, 1910 and of any other law, agreement or instru ment applicable to the licensee shall be void and of no effect in so far as they are incon sistent with Section 57-A and the said sche dules.;