M.Y. Eqbal, J. - (1.) THESE two writ applications, filed by the same petitioner in relation to the same subject matter, has been heard and disposed of by this common order.
(2.) PETITIONER filed CWJC No. 3078 of 1999(R) for quashing the order dated 7.10.1999 passed by Electrical Superintending Engineer, Ranchi Electrical Circle, Ranchi who directed for disconnection of electric line of the petitioner and also for a declaration that the order dated 24.9.1999 issued by the Secretary, Revenue Department, Bihar State Electricity Board imposing new tariff without making any notification in the official gazette is illegal and against the law. Petitioner's case in brief is that it is a Small Scale Industry and is manufacturing MS ingots with an induction furnace having capacity of 3 M. Tons. In 1996, petitioner entered into an agreement with the Board for supply of electricity with a connected load of 1600 KVA. On 7.9.1999 a fresh agreement was entered into by the petitioner with the Board whereby connecting load was increased to 2940 KVA pursuant to installation of additional furnace of 3 M.Tons capacity. On 9.9.1999 petitioner's line was energized. On 15.9.1999 an inspection was conducted by Bihar State Electricity Board and inspection report was submitted, wherein there was no allegation of pilferage of electricity. However, by letter dated 7.10.1999, respondent Board disconnected the supply of electricity on the ground of non -cooperation by the petitioner during inspection. On 7.10.1999, a Sanha was lodged in the police station. Petitioner filed the instant writ petition challenging the disconnection made on 7.10.1999. On 13.10.1999, the Board lodged an FIR alleging theft of electricity. On 14/10.1999 an interim order was passed by this Court directing the Board to restore the supply of electricity. However, in the meantime, action was taken by the Vigilance and the transformer was sealed. The Board therefore expressed its inability to restore supply of electricity. On 28.10.1999 both the parties were restrained from removing any articles. Thereafter, respondent -Board raised certain bills and this Court by order dated 10.12.1999 stayed the operation of the new tariff. On 11.4.2000 supply of electricity was restored for the first time and it continued till 17.5.2000 when again line was disconnected. The respondent/Board thereafter, raised bills under Clause 16.9 of the tariff. The Board again raised a fresh bill for a sum of Rs. 52,88,24,914/ -. This Court thereafter, passed order on 30.1.2001 restraining the Board from taking any coercive step pursuant to the said bill.
(3.) I have heard learned counsel appearing for the petitioner at length. I have also heard Mr. V.P. Singh, learned Sr. Counsel appearing for the Jharkhand State Electricity Board. Mr. Mihir Kumar Jha, learned counsel appearing for the Bihar State Electricity Board submitted that this client has no interest in this matter and the name of Bihar State Electricity Board be deleted from the cause title of the writ application.;