- (1.) Consequent upon an inspection/raid on the Petitioner's premises (cinema halls) on 28-01-2000 by the officers of the Respondent Electricity Board, the quantum of assessment was adjudicated by the order dated 07-06-2000 passed by the General Manager of the Respondent Board. That order was unsuccessfully challenged by the Petitioner-Appellant before a learned single Judge by means of a writ petition which was dismissed by the impugned order dated 01-07-2009. We have heard learned Counsel for the parties at length today. At the previous hearing, on 17th July, 2010, the following order was passed in this case: Prima-facie, the General Manager, who passed the reasoned order pursuant to the direction of this Court given in an earlier writ petition of the Appellant, has not recorded a clear finding as to whether all three projectors in one hall and both the projectors in the other cinema hall can be operated simultaneously. Similarly, he has not recorded any finding as to whether both the central air conditioning plants can in the normal course be operated simultaneously. There is also no finding whether for operating a central air conditioning plant both the motors are necessary or only one motor runs at a time. However, before taking a decision whether to remand this matter to the General Manager or not for considering whether all the equipments, i.e. all the projectors and the air conditioning plants with both motors, fall within the definition of "connected load", we deem it appropriate to grant a further opportunity to the learned Counsel for the J.S.E.B. to seek specific instructions in that behalf having regard to the normal usage of such equipments in such situation. As prayed, list this case on 30.7.2010.
(2.) 'Connected load' has been defined under Sub-clause 14(A) of Clause 2 of the Financial and Account Code, issued by the Bihar State Electricity Board, which reads as follows: 'Connected load' means the sum total of the installed capacities of all the energy consuming devices on the consumers' premises which can be operated simultaneously, excluding spare or stand by capacity in the form of extra units or larger ratings than necessary.
(3.) The words "can be operated simultaneously" is the crucial phrase.;