R.A. Sharma, J. - (1.) IN writ petition No. 21017 of 1993, Petitioner No. 1 is Municipal Board, Almora and Petitioner No. 2 is its Chairman. This Municipal Board was holding a licence known as the Almora Municipal, Electric Licence, 1950 under Indian Electricity Act, 1910, for supply of electrical energy to the consumers within Its territorial limits, in 1976, the U.P. State Electricity Board (hereinafter referred to as the Electricity Board) took over the electrical undertaking of the Municipal Board, Almora on January 1, 1976 and started supply of electrical energy In its place. Dispute regarding the apportionment of the rights and liabilities between Municipal Board and the Electricity Board is pending before this Court in the form of writ petitions No. 10512 of 1983 and 4360 of 1983. The Electricity Board has raised demand against Municipal Board and had Issued recovery certificate to the Collector, Almora, for recovering a sum of Rs. 17,26,671 as arrears of electricity dues with effect from January 1, 1976, for street light within the territorial limits of Municipal Board, Almora. Being aggrieved by it, the Petitioners have filed this writ petition. In this petition, the Petitioners have also laid a counter claim of Rs. 5,59,77,474.25 as rent and fee for use of Municipal land by the Electricity Board.
(2.) THE other writ petition No. 4998 of 1993 has been filed by Municipal Board, Aligarh, challenging the letter dated November 12, 1992, Issued by the Superintending Engineer of the Electricity Board to the District Magistrate for recovering a sum of Rs. 179.95 lacs from it. This Municipal Board has also raised a counter -claim for Rs. 3, 94,86,319.63 against the Electricity Board. In this connection, this Municipal Board has requested the State Government in December, 1992 for recovering the aforesaid amount from the Electricity Board and the State Government, vide Its letter dated 31.12.1992 asked the District Magistrate Aligarh to recover the said amount of Rs. 3,16,97,838.41 from the Electricity Board. The District Magistrate, it appears, did not issue any recovery certificate against the Electricity Board, but has taken steps for recovering Rs. 1,97,95,000 from the Municipal Board at the instance of the Electricity Board. We have heard the learned Counsel for both the parties. Learned Counsel for the Petitioners have raised three contentions in support of these petitions, viz., (i) the Electricity Board has to pay Rs. 5,59,77,474.25 and Rs. 3,16,97,838.41 to the Municipal Board of Almora and Aligarh respectively, as fee and rent for use of the Municipal land over which it has installed electric poles, transformers, etc. and unless these amounts are adjusted. It cannot recover Its dues from the Petitioners. It is also stated that after adjustment, there remains nothing to be paid by the Petitioners to the Electricity Board and on the other hand, the Electricity Board has to pay substantial amount to them ; (ii) when there is bonafide dispute about the claim and counter -claim, the amount cannot be said to be due and payable within the meaning of Section 3 of Uttar pradesh Government Electrical Undertakings (Dues Recovery) Act, 1958 ; and (UQ these petitions should be decided in terms of judgment of Division Bench of this Court in Nagar Palika v. State of Uttar Pradesh (Writ Petition No. 43593 of 1992) Decided On 29.09.1992. Learned Counsel for the Electricity Board have, however, disputed the above contentions and have requested for decision of these petitions in terms of two judgments of Division Bench of this Court in Town Area v. State of Uttar Pradesh (writ petition No. 782 of 1993) Decided On 17.3.1993 and Nagar Palika v. State of Uttar Pradesh (Writ Petition No. 96"6 of 1993) Decided On 26.10.1993.
(3.) BOTH , the Municipal Board and the Electricity Board, are statutory authorities. Both are required to discharge statutory obligations of rendering service to the public. Both are public undertakings of the State. Both are not in position to pay each other's dues.;