- (1.) I have heard Sri Rajendra Kumar Pandey, learned counsel for the petitioner, Sri Mahboob Ahmad, learned counsel for the respondent Nos. 2 to 4 and the learned Standing Counsel for the respondent Nos. 1 and 5.
(2.) As the parties have exchanged their affidavits, with the consent of learned counsel for the parties, the writ petition is being finally decided at the admission stage itself.
(3.) Briefly stated the facts giving rise to the present petition are that the petitioner being a construction company was awarded a contract by the National Highway Authority of India for construction of a bridge over river Yamuna connecting the city of Allahabad to Naini. For the said purpose, the petitioner entered into an agreement with the U.P. Power Corporation Ltd. (hereinafter referred to as 'Corporation') on 22.12.2000 (annexure "2" to the writ petition) for supply of electricity. The title of the agreement reads thus:- "AGREEMENT FOR SUPPLY OF ELECTRICAL ENERGY TO THE CONSUMERS HAVING CONTRACTED DEMAND OF MORE THAN 75 KW (OR 100 BHP) The opening sentence of Clause 1 of the agreement (at page 22 of the petition) provides as follows:- (1) Subject to the provisions hereinafter contained and during the continuance of the agreement, the Supplier shall supply to the consumer at near office of the Ganga Pradusan Jal Nigam, Naini, Allahabad (place) for Naini Bridge Works (process) electrical energy in the form of a three phase alternating current at a declared pressure of 11 KV volts exceeding 300 KVA kilovolt amperest/kilowatts (hereinafter referred to as the 'Contracted load / Contract Demand) and the supply shall be made available form the Board's mains in accordance with the availability in the grid......" Clause 7 of the agreement (at page 24 of the petition) provides as follows:- "(7) (a) The consumer shall pay for the supply of electric energy at the rates enforced by the Supplier from time to time as may be applicable to the consumer. (b) The Rates Schedule applicable to the consumer at the time of execution of this agreement is annexed hereto, as Annexure-2. HV-2 (Large and Heavy Power) (c) The Rate Schedule above mentioned may, at the discretion of the Supplier, be revised by the Supplier from time to time and in the case of revision, the Rate Schedule so revised shall be applicable to the consumer. (d) Any levy as Sales Tax, Excise Duty, Electricity Duty or any other charge by whatsoever name called by Central/State Govt. or other competent authority, on the electricity supplied to the consumer shall also be paid by the consumer.";