AMARESHWAR SAHAY, J. - (1.) WHEN the case was taken up for hearing the learned counsel appearing for the petitioner as well as the learned counsel appearing for the Jharkhand State Electricity Board states that issue raised by the petitioner in this writ application has already been settled by the Supreme Court in the case of Bihar State Electricity Board vs. Pulak Enterprises and others, reported in (2009)5 Supreme Court Cases 641 and, therefore, it is stated pursuant to the judgment of the Supreme Court the recalculation with regard to the fuel surcharge and D.P.S. has to be made by the Board and thereafter fresh bill has to be raised accordingly.
(2.) MR . D.K. Pathak, learned counsel appearing for the petitioner submits that pursuant to the judgment and order passed by the Consumer Grievance Redressal Forum, Jharkhand State Electricity Board in connection with the sister concerns of the petitioner a fresh bill has been raised by the Jharkhand State Electricity Board and, therefore, in the same line the petitioner be also given the same reliefs. In my view the recalculation with regard to the fuel surcharge and D.P.S. has to be made by the Jharkhand State Electricity Board in terms of the judgment passed by the Supreme Court in the case of Bihar State Electricity Board vs. Pulak Enterprises and Others (supra).
(3.) ACCORDINGLY , this writ application is being disposed of by giving liberty to the petitioner to file a fresh representation stating the details about its claim and grievance alongwith the supporting documents, if any, within a period of two weeks from today. If such a representation is filed by the petitioner within the said period, the same shall be considered and disposed of by the respondents in their right perspective in the light of the judgment of the Supreme Court in the case of B.S.E.B. vs. Pulak Enterprises (supra) by a reasoned order in accordance with law within a period of 8 (eight) weeks from the date of filing of such representation by the petitioner and thereafter raise fresh bill to the petitioner.;