- (1.) Heard learned counsel for the parties.
(2.) THE petitioner claims exemption in payment of AMG charges under the Industrial Policy. 1995 declared by the State of Bihar and adopted by the respondent Bihar State Electricity Board, vide resolution No. 6917 dated 23.9.96. The petitioner earlier moved this Court in CWJC No. 3085/2000(R) for the same relief and for quashing of the bill of the AMG charges. The stand of the respondent -Board was that the petitioner being the LTI consumer was not entitled to the benefit of exemption. The said writ application was disposed of on 14.9.2000 with a direction to the General Manager, Bihar State Area Electricity Board, Jamshedpur to determine the question as to whether the petitioner is HTI consumer or not and is entitled to exemption in payment of AMG charges in terms of clause 9.6 of the Industrial Policy. 1995. Pursuant to that direction the General Manager cum chief Engineer, relying upon the judgment in Subhas Kumar v. BSEB, CWJC No. 1235/97(R) and also the decision rendered in CWJC No. 2262/95(R), held that since the petitioner is LTI consumer, the benefit of the policy could not be extended to the petitioner.
(3.) MR . V.P. Singh, learned counsel appearing for the Board, very fairly conceded that in view of the ratio decided by the Supreme Court in the case of K.D. Industries v. BSEB. (20021 1 JLJR 678, the conclusion arrived at by the General Manager cum Chief Engineer cannot be sustained in law and the petitioner would be entitled to get exemption in AMG charges.;