- (1.) This writ petition has been filed for quashing of the notice dated 20.1.2016 (annexure no. 3 to the writ petition) as well as the Notification No. 480/24 -UNNP/12 -31 (Prakosht)/09, Lucknow: dated 13.9.2012 (annexure no. 8 to the writ petition) whereby the State Government has notified the officers for exercise of powers under Sections 126, 135(2) and 152(1) of the Electricity Act, 2003.
(2.) Facts in short leading to the writ petition are as follows : The petitioner before this Court is a consumer of electricity residing within the territorial limits of city Agra. Electricity distribution licence in respect of city Agra is said to have been granted in favour of Dakshinanchal Vidyut Vitran Nigam Lt. (in short ' the DVVNL') under Section 14 of the Electricity Act, 2003. The DVVNL has entered into a franchise agreement with M/s. Torrent Power Ltd. on 18.5.2009. The Torrent Power Ltd. is a company duly registered under the Companies Act. Under the franchise agreement, the said company has been authorized to ensure distribution of electricity within the area specified thereunder as well as to issue bills, etc. in the matter of consumption of electricity and to take appropriate measures where irregularity/illegality/theft of electricity is noticed.
(3.) The competence of the DVVNL to enter into such a franchise agreement and the power of franchisee to ensure the distribution of electricity as well as to issue bills etc. is not under challenge. It is admitted on record that the petitioner has entered into an agreement for supply of electrical energy.;