AJIT KUMAR SINHA, J. - (1.) THE present writ petition has been preferred for the following reliefs: a) For issuance of an appropriate writ or a writ in the nature of certiorari for quashing the order dated 7.6.2000 passed by the General Manager -cum -Chief Engineer, Ranchi Electricity Supply Area (Respondent No. 2) by which he has dismissed the representation of the petitioner pursuant to order of the Hon'ble High Court dated 16.2.2000 passed in CWJC. No. 328 of 2000 (R) as the same is wholly illegal, without application of mind and contrary to various decisions and judgements of this Court and also contrary to the provisions of tariff. b) For issuance of a writ or a writ in the nature of certiorari for quashing the bill raised under Clause 16.9 of the tariff on the basis of order dated 7.6.2000 passed by respondent No. 2 which is for a sum of Rs. 4,74,324.94 as the same is not in accordance with formula laid down under Clause 16.9 of the tariff and is also violative of the recent judgement of the Hon'ble High Court wherein it has been held that fuel surcharge has to be levied only once in a bill under Clause 16.9 and also for quashing the DPS therein amounting to Rs. 19,558.84 since the earlier bill was quashed by this Hon'ble Court. c) For quashing the letter dated 12.6.2000 issued by the Electrical Executive Engineer, Urban Electric Supply Division -I, Ranchi issued pursuant to order of the General Manager -cum -Chief Engineer dated 7.6.2000 whereby and whereunder the petitioner has been asked to complete all the formalities as required under the board's rule for taking HT connection failing which the line of the petitioner would be disconnected without any further notice. d) For issuance of a writ or a writ in the nature of mandamus directing the respondents not to disconnect the electric line of the petitioner pursuant to the aforesaid impugned orders/ bills. e) For issuance of an appropriate writ so as to hold that the concept of connected load be read as connected and utilized load at any point of time to make it consistent with the applicability clause, specially in cases of cinema halls which falls in CS tariff.
(2.) THE facts in brief are set out as under:The petitioner is a proprietorship concern and is running cinema hall established since 1975. In the building there are two cinema halls in respect of which there is a common electric connection (meter) installed. The main cinema hall known as Sujata has 1217 seats and the other cinema halls situated on the second floor of the said building known as Mini Sujata has 179 seats and the category under which the electric connection was given was Commercial Service category. Initially there was manual meter but subsequently an electronic meter was installed in the premises of the petitioner on 4.9.1998. It is submitted by the learned Counsel for the petitioner that in the main cinema hall there are three projectors; two of 70 mm and one of 35 mm and there are 4 rectifiers in the main cinema hall which are connected with the projectors. It is submitted that only one projector and one rectifier runs at a time and after reel is changed second projector runs along with one rectifier and as such at any point of time only one projector is functioning. Similarly in the Mini Sujata there are two projectors of 35 mm and two rectifiers connected with the projectors and at any point of time in Mini Sujata also only one projector and one rectifier is being operated. There are two AC plants along with 4 Nos. of water pumps for the AC plant and at any point of time only one AC plant runs along with one water pump and both the AC plants do not run simultaneously.
(3.) AN inspection was made in the premises of the petitioner on 28.1.2000 by a team of officials of the electricity board including Jr. Engineer (Supply), Main Road South, Assistant Electrical Engineer (Supply), Main Road, Electrical Executive Engineer (Supply), Urban -1 and Electrical Executive Engineer, APT, Board headquarters. At the time of inspection the petitioners were asked to put on AC plants to assess the load and projectors in both the cinema halls were also asked to be operated. As a matter of fact, inspection which started at 9.00 a.m. in the morning concluded only at 3.00 p.m. in the evening and by that time, the regular cinema shows had already started. After completing the survey an Inspection Report was prepared on the basis of all the machines installed in the premises of the petitioner. It is further submitted that from E & J of the Inspection Report that even in respect of the unconnected plugs their load were also taken into consideration for the purposes of calculating the total wattage. As per the Inspection Report, reading was 69.5 KVA in the meter which as per the conversion factor in accordance with Clause 11 of the tariff is equivalent to 695/1025=55.60 KW which is within the sanctioned load. Clause -11 of the electric tariff 1993 gives following conversion factors which are as follows: i) Where necessary the following conversion factors shall be adopted. a) 1 kilo watt (KW) = 1.25 KWA b) 1 kilo watt (KW) = 1/0.746 horse power (HP) c) 1 horse power (HP) = 0.933 kilo watt (KW) On the basis of the inspection report the electric connection of the petitioner was disconnected on 29.1.2000. ;