BAJRANGWALI IRON INDUSTRY Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD Mr. S.S. Rekhi for the petitioner and Mr. Mohit Sah on behalf of the Bihar State Electricity Board (the Board, hereinafter).

(2.) MR . Rekhi strongly assailed the validity and legality of the provision contained in clause 6 of the Bihar State Electricity Boards tariff notification no. COM/ TAR/904/2000 -171, dated 31.5.2001 and the provisions bearing the same clause number in the amendment notification no. COM/REV/IND. ASS/76/2000 -247, dated 28.7.2001 (copies at Annexures 1 and 1/A) and perhaps he feels slightly disappointed that the court is not inclined to go into the question of legality of the provisions. This is simply because this writ petition is fit to be allowed regardless of the validity or otherwise of the impugned provisions.

(3.) THE notification, dated 31.5.2001 came into effect from 1.6.2001. The meter at the premises of the petitioner who is a L.T.I.S. consumer, having a sanctioned load of 78 H.P., got burnt on 16.6.2001 and it was replaced on 25.8.2001. It was duriag tnis interrugnum that the petitioner was given bills on the basis of fixed number of units (150) per H.P. load. In other words, the monthly consumption of electricity was arrived at by multiplying 150 by 78, that being the sanctioned load of the petitioner. The bills in question are at Annexure 1/B and the manner in which billing was made, is stated in para 5 of the Boards counter affidavit as follows: 16.6.2001 to 30.6.2001 5850 units July 2001 11700 units 1.8.2001 to 25.8.2001 9750 units