JUDGEMENT
DR DHANANJAYA Y CHANDRACHUD, J. -
(1.) Leave granted.
(2.) This appeal arises out of the judgment of a Division Bench of the Patna High Court dated 18 September 2017. The High Court declined to entertain the
writ petition instituted by the appellant on the ground that the dispute between the
parties is factual in nature and is suitable for adjudication in terms of the statutory
remedy provided in the Bihar Electricity Duty Act 1948. The appellant had invoked the writ jurisdiction of the High Court to challenge the imposition of
electricity duty and penalty on the electricity that it was supplying to Bihar State
Electricity Board
Facts of the case
(3.) The appellant is a sugar mill company operating in Narkatiaganj, Bihar. It is engaged in the business of manufacture and sale of white crystal sugar. The
waste of sugarcane (bagasse) produced in the process of manufacturing sugar is
used for the production of electricity for its own consumption and the surplus
energy is supplied to BSEB. The appellant has been supplying electricity to
BSEB since 6 March 2008.;
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