K.J.Sengupta, J. - (1.) In this representative action the petitioner No.1 being the Association of the consumers of low tension line and its members have challenged in substance imposition of fixed charge at the rate of Rs. 10/- Per Horse Power Per month for all low tension industrial consumers by Notification dated 24th December 1998. The fact of the case in this action is as follows:-
(2.) By a notice dated 24th December 1998 published in the 'Statesman' the respondent Board most arbitrarily and illegally has imposed upon the petitioners and all industrial consumers with low tension line new electricity charges at the rate of Rs. 10/- per Horse Power per month as "Fixed Charge" along with the charges for units consumed as per tariff, after abolishing the Annual Minimum charge. So, the petitioners have been seriously affected with this high economic burden.
(3.) Mr. Kashikanta Maitra, learned senior advocate in support of the petitioners contends that under section 22 of the Indian Electricity Act 1910 the licensee is entitled to claim Annual Minimum Charge for reasonable return on the capital expenditure for supply of energy and section 23 (3) provides the condition for supply for energy.;