S.N.SRIVASTAVA AND S.S.CHAUHAN, JJ. - (1.) By way of this petition the petitioner prays for quashing the impugned demand notice dated 17.3.2007 and electricity bill dated 24.3.2007 and further prayer is to issue a writ of mandamus commanding the opposite parties No. 1 and 2 to follow the orders passed by the U.P. Electricity Regulatory Commission dated 11.7.2006 as well as clarification order dated 14.9.2006, contained in Annexures -1 and 2 to the writ petition and also to permit the petitioner to allow power loom benefit as per orders dated 11.7.2006 and 14.9.2006 passed by the Electricity Regulatory Commission.
(2.) THE petitioner in the instant petition claims himself to be a consumer of electricity with HV2 category connection. The aforesaid company is registered company running a power loom where thread is manufactured. It would appear that in order to provide certain benefits to the weaker sections of the society i.e., weaver, the State of U.P., issued Government order dated 14.6.2006, postulating certain benefits to the power loom weavers. It would further appear that the U.P. Electricity Regulatory Commission commended to the State Government to make available all those benefits to power loom consumers including HV2 category power loom consumers vide Annexures -1 and 2. It would further appear that the recommendation of the State Regulatory Commissioner did not find favour with the State Government and it was communicated vide letter dated 1.5.2007 to the effect that subsidy is intended for weavers who are of LMV2 and LMV 6 category. In this view of the matter, a demand notice dated 17.3.2007 was issued and it is in this perspective that present petition has been issued. We have heard learned Counsel for the parties, have also been taken through the materials on record.
(3.) LEARNED Counsel for the petitioner has canvassed that the petitioner being a consumer of electricity with HV2 category connection and also that the company aforesaid is engaged in manufacturing thread is entitled to be considered for extending the benefits flowing from the Government order dated 14.6.2006 by which certain benefits have been postulated for power loom weavers. The learned Counsel also referred to the recommendations of the State Regulatory Commission and argued the U.P. Electricity Regulatory Commission being the appropriate competent authority under the Electricity Act, 2003, made recommendation under Section 108 of the Electricity Act, but the same did not find favour with the Government attended with the submission that benefits contained in the Government order dated 14.6.2006 are intended for application to weavers and petitioner company engaged in manufacturing thread comes within the definition of weaver and is therefore, entitled to subsidy. It is further submitted that the U.P. Electricity Regulatory Commissioner rightly commended to the State Government vide Annexures -1 and 2 to provide the benefit to HV 2 category power loom consumers also and therefore, he urged that the petitioner is entitled to be extended the benefit flowing from the Government order dated 14.6.2006. Lastly, it was canvassed that the demand notice is highly arbitrary and the same has been issued without taking into reckoning the benefits of subsidy intended for weavers.;