- (1.) The instant writ petition is preferred at the instance of the petitioner for issuance of an appropriate writ in the nature of mandamus directing the respondents to issue "No Objection Certificate" (for short "NOC") in the name of the petitioner.
(2.) The submission is that the aforesaid NOC is required since the petitioner has opted for another licensee, namely, JUSCO for grant of fresh electrical connection in its factory premises. Prayer is also for a direction on the respondents to remove all its electrical equipments from the factory premises and to enable the petitioner to fulfill the modalities and installation of the transmission line in the factory premises.
(3.) The petitioner manufactures Aluminum extruded sections and he required High Tension Electrical Connection. The respondent-Jharkhand State Electricity Board provided electricity connection vide Consumer No. HJ/AP-50 for a contract demand of 734 KVA, Voltage at 11 KV under the Category HTS-1. An agreement was entered into between the petitioner and the Jharkhand State Electricity Board (for short "the Board") for a period of three years. However, subsequently, there arose certain disputes between the petitioner and the respondents. A bill was raised against the petitioner Company on the issues of AMG Bills, Delayed Payment Surcharge and Fuel Surcharge to the tune of crores of rupees which was challenged by the petitioner in W.P. (C) No. 171 of 2005. The reliefs claimed in the said writ petition are quoted in paragraph-7 of this writ petition which reads as under:-- For quashing the bill for the month of November, 2004 so far it relates to the arrears which is for a sum of Rs. 2,68,34,080/- since it constitutes:- (i) Delayed Payment Surcharge on AMG Bill for 1985-86 which was for a sum of Rs. 3,18,861.53 minus Rs. 2,75,000/-= Rs. 43,000/- on which the Board has levied Delayed Payment Surcharge to the extent of Rs. 1,93,63,305/- till date. (ii) Delayed Payment Surcharge on the amount of Rs. 20,000/- paid by the petitioner in September, 1989 (but not credited by the respondents) on which the Board is continuing to levy Delayed Payment Surcharge to the extent of Rs. 6,69,632/-. (iii) Fuel Surcharge differential amount of 40 Paise per unit stayed by this Hon'ble Court and also the Delayed Payment Surcharge thereupon totaling Rs. 40,30,000/-. (iv) Fuel Surcharge amount paid by the petitioner for the period July, 1993 to November, 1995 for a sum of Rs. 6,65,017/- out of which the petitioner had made payment of 50% earlier and the balance amount was paid subsequently but the same has not been credited and Delayed Payment Surcharge along with the same is Rs. 27,67,063/- For direction upon the Board to keep the disputed amount of Fuel Surcharge under the heading 'Kept in Abeyance' and no Delayed Payment Surcharge should be charged. Not to disconnect the electrical connection of the petitioner.;