K. N. Saikia, J. - (1.) This appeal by special leave is from the judgment of the High Court of Judicature at Patna dated May 22, 1986 in Civil Writ Jurisdiction Case No. 1915 of 1986 quashing the bills issued by the appellants demanding minimum guaranteed charges from the respondents.
(2.) The appellants Bihar State Electricity Board, Patna, hereinafter referred to as 'the Board', entered into an ageement with the respondent-M/s. Green Rubber Industries, a partnership firm, hereinafter referred to as 'the firm', on the latter's application dated 26th July, 1978, for supplying the electricity of 60 KVA and on 13-4-1981 gave electricity connection. The firm later applied that it may be given 45 KVA instead of 60 KVA and it deposited the requisite sum of Rs. 2,700/- and a fresh agreement was executed on May 2, 1981. On May 29, 1981 the firm was given fresh connection of 45 KVA. According to the firm it requested the Board on 19-6-1981 to cutoff the connection. The firm received the bills for minimum guaranteed charges for the months of June, July, August and September, 1981, though according to it no electricity was consumed by it during that period. According to the Board on failure to pay the bills, the supply was disconnected on 28th September, 1981. The firm ultimately received a demand notice in October, 1981 for the minimum guaranteed charges from June, 1981 to August, 1981 amounting to Rs. 22,951.50 p. The firm having not paid the amount, the Board sent a requisition to the Certificate Officer who sent a notice to the firm on July 6, 1984. Rejecting the contention of the firm that it was not liable to pay, the Certificate Officer proceeded to pass an order for attachment of the firm's property wherefore the firm filed a writ petition in the High Court of Judicature at Patna under Arts. 226 and 227 of the Constitution of India for quashing the bills as well as the certificate proceedings.
(3.) Before the High Court the Board contended that the firm was liable to pay the minimum guaranteed charges in terms of the agreement, the disconnection itself having been in terms thereof.;