- (1.) HEARD the parties.
(2.) IN this writ application the petitioner has prayed for issuance of writ in the nature of certiorari for quashing the order dated 22.1.2000 passed by Electrical Superintending Engineer whereby the said authority has refused to entertain the notice dated 20.2.98 for reduction of load from 280 KVA to 135 KVA and held that notice period will expire in November. 2000 treating the letter dated 11.11.1999 as the notice for reduction of load. Petitioner also challenged the bill dated 27.9.2000 which was raised on the basis of contract demand of 280 KVA. The petitioner was sanctioned a load of 135 KVA. A High Tension Tariff agreement to that effect was executed on 8.2.1995. Immediately after 1 -1/2 years petitioner applied for enhancement of load from 135 KVA to 280 KVA. The request of the petitioner was accepted and additional agreement was executed on 29.1.97 enhancing load from 135KVA to 280 KVA with effect from 1.11.1996 Petitioner's case is that since no market was available for the products of the petitioner a notice dated 20.2.98 was given to the Board to reduce the load from 280 KVA to 135 KVA. A copy of the letter is annexed as Annexure -1 to the writ application. The said notice was followed by subsequent letters and reminders dated 10.5.99, 11.11.99, 29.11.99. 8.12.99 and also various other subsequent letters. When the request of the petitioner was not considered then the petitioner moved this Court by filing CWJC No. 131 of 2000 (R), This Court after hearing the parties disposed of the writ application on 15.3.2000 by passing the following order: 'Heard Mr. V. Gopal, learned counselfor the petitioner and Mr. V.P. Singh.learned counsel for the Board. The only grievance of the petitioner in this writ application is that although petitioner has applied in February. 1998 for reduction of load from 280 KVA to 135 KVA but till date no decision has been taken by the respondent -Board. In the facts of the case, 1 direct the petitioner to file a fresh application before respondent No. 3 claiming reduction of load from 280 KVA to 135 KVA along with the copy of the application which was said to have been filed on 22.2.98. On receipt of such application respondent No. 3 shall go into the matter and take a decision by passing a reasoned order. The application must be disposed of within one month from the date of receipt of the application. With the aforesaid direction this writ application is disposed of.'
(3.) PETITIONER accordingly approached the respondent -Board along with fresh application and copy of earlier notice dated 20.2.98 for taking a decision. It appears that the Electrical Superintending Engineer Ranchi took a decision which was communicated vide memo No. 171 dated 29.1.2000. As noticed above, the Superintending Engineer took the view that only letter dated 11.11.99 may be treated as notice for reduction of load and therefore the request for reduction of load can be considered after expiry of three years from the date of notice i.e. November 2000.;