- (1.) The present writ petition has been preferred for the following reliefs:- 1. For issuance of an appropriate writ or a writ in the nature of mandamus commanding upon the respondents to raise bills on the basis of tariff of domestic service II and III respectively for connection MS G675 and G826 respectively which was being raised all along instead of commercial service tariff, which is being raised from September, 1994, 2. For issuance of an appropriate writ or a writ in the nature of certiorari for quashing the electric bills from September, 1994 which have been raised on the basis of commercial tariff. 3. For a further direction that revised bills from September, 1994 be issued to the petitioner on the basis of domestic tariff and the excess amount realized from the petitioner be immediately refunded along with same rate of interest which the Electricity Board is charging from its consumers.
(2.) The main contention raised by the learned counsel for the petitioner Mr. M.S.Mittal is that the petitioner society which is a charitable institution was all along filled on the basis of domestic tariff but all of a sudden from September, 1994 the petitioner society started receiving inflated bills based on commercial service - III category for the meter G826 and for the meter G675 but the bills were sent on the basis of CS - II category. In the year 1993 the new Electricity Tariff came into force with effect from 1st July, 1993 and as per the schedule the relevant applicability, clause is quoted as under:- "THE BIHAR GAZETTE (EXTRA) JUNE 23, 1993 THE TARIFF SCHEDULE LOW TENSION SUPPLY DOMESTIC SERVICE (SYMBOL: DS) 1. Applicability:- For use for domestic purpose including domestic pumping set and household electric appliances in private residence such as Radios, Fans, Televisions, Desert Coolers, Air Conditioners, Motors up to 1 BHP for lifting water for domestic purpose and other household electrical appliance not covered under any other schedule. This rate is also applicable where the supply is used in religious institutions such as Temples, Gurudwaras, Mosque, Church and Burial/Crematorium ground and other recognized charitable institutions."
(3.) In the earlier tariff the word 'recognised' was not there and that was anew addition in the tariff schedule.;