- (1.) The writ petition no. 12933 of 2003 was filed with the prayer that the amount deposited by the petitioner in taking electric connection of tubewell be refunded as the excess money has been taken by the officers at the time of connection. The money was deposited by the petitioner in the office of the respondent no. 3 Executive Engineer, Electricity Division, Banda.
(2.) During pendency of the said writ petition, another writ petition no.69948 of 2005 was filed by the petitioner seeking quashing of the Clause 3.7 and 3.8 of the U.P. Electricity supply Code, 2005 and notification of Rate Schedule LMV-5 dated 20.12.2004 issued by the U.P. Power Corporation, Lucknow i.e. respondent no. 3. Further prayer is commanding respondents to realise the charges as scheduled previously by respondent no.2 i.e. Electricity Regulatory Commission as per notification dated 2.12.2002 and to re-adjust the excess amount deposited in the office of respondents no. 3 and 4 by the petitioner as per provisions of Section 62(4) of the Electricity Act, 2003.
(3.) The petitioner's case is that he got electricity connection of the tubewell for irrigation of plots and the payments were being made regularly as per the schedule of fixed rate by the respondent no. 2 from time to time. The tariff order dated 22.10.2002 was issued by the Electricity Regulatory Commission in exercise of power under the Regulatory Commission Act,1998 suppressing all previous notifications and instructions, revised the rate schedule supplied to all consumers in respect of supply of electricity power consumed for running tubewells for agricultural purposes which has come in effect from 9.11.2002, replacing the provisions of existing rates, the notification was issued by respondent no. 2 including the Rate Schedule, LMV-5 for providing electricity to tubewell for irrigation purposes. By the impugned notification dated 22.11.2004, the respondent no.3 enhanced the rate of tariff as Rs.130 per BHP per month in place of Rs.60/- per month since 1.1.2005 without disposal of objection raised by the petitioner and other farmers. The petitioner submitted his complaint against impugned notification dated 22.11.2004.;