1983 INSC 0235
                                                M/s. Star Sugar Mills

                                                           Vs

                                              State of U. P. and Others

                                                          And

                                                     N. K. Gupta

                                                           Vs

                                              State of U. P. and Others

                             Writ Petitions Nos. 1438 of 1982 and 1537 of 1981

                                                      07.09.1983

                                                        ORDER

1. By order dated May 6, 1981 this Court issued notice on this petition under Article 32 of the
Constitution of the State Government of Uttar Pradesh as well as the U.P. State Electricity Board,
and later past certain ad interim orders regarding payment of arrears of electricity bill and
restoration of supply of electrical energy because the petitioner had challenged the constitutional
validity of sub-section (1) of Section 279 of the U.P. Zamindari Abolition and Land Reforms Act,
1950 providing for the arrest and detention of a defaulter in the course of recovery of government
dues recoverable as arrears of land revenue. The Court has since by the judgment in Ram Narayan
Agarwal v. State of Uttar Pradesh [(1983) 4 SCC 276] dated August 23, 1983 upheld the validity of
the said provision. The challenge to the constitutional validity of sub-section (1) of Section 279 of
the Act having failed, the remedy of the petitioner for grant of relief in respect of other matters lies
elsewhere. Shri Kacker, learned counsel appearing on behalf of the U.P. State Electricity Board has
drawn our attention of the judgment of the Allahabad High Court in Bhagwan Industries (p) Ltd.,
Lucknow v. U.P. Electricity Board, Lucknow [AIR 1979 All 249]. It appears that the petitioner has
earlier moved the High Court under Article 226 of the Constitution in Writ Petition No. 4743 of
1975 challenging the validity of the minimum guarantee charges introduced in the revised rate
schedule made applicable with effect from October 12, 1974 and apparently the High Court
following its decision in Bhagwan Industries case [AIR 1979 All 249] declined to interfere. Learned
counsel contents that the judgment of the High Court has become final and the questions now
sought to be raised are res judicata. In Bhagwan Industries case [AIR 1979 All 249], the High Court
observed that the dispute, if any, relating to the levy of minimum consumption charges would be the
subject matter of arbitration under clause (18) of the agreement. We refrain from expressing any
opinion as to whether the judgment of the High Court in the aforesaid proceedings is res judicata or
not.

2. It is brought to our notice that at the instance of the State Government, a high-powered committee
consisting of A. K. Gupta, Member (C & D), U.P. State Electricity Board, N. Srivastava, Member
(F & A), U.P. State Electricity Board, H. K. Jaipuria, Joint Secretary to U.P. Industries Department,
and S. K. Garg, Law Officer, U.P. State Electricity Board were appointed by the Government to go
into the case of the petitioner. Apparently the committee had recommended for reference of the
dispute to arbitration but the U.P. State Electricity Board bys its letter dated January 6, 1981 refused
to make a reference until the petitioner had cleared all the dues amounting to over Rs. 12,47,000. In
the circumstances, the petitioner may take recourse to other remedies. We are quite clear that no
relief can be granted to the petitioner under Article 32 of the Constitution.

3. The result therefore is that the writ petitions must fail and are dismissed. All interlocutory orders
including that of restoration of supply of electrical energy and stay of recovery of dues are vacated.

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