ASSAM OXYGEN PVT LTD & ANOTHER Vs. ASSAM STATE ELECTRICITY BOARD & THREE OTHERS

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the Petitioners pray for declaration that-

(2.) While Mr. N.N. Saikia, learned Senior Standing Counsel for the Board, placing reliance on the following decisions in Adoni Ginning Factory and Ors. v. Secretary AP Electricity Board and Ors., 1979 4 SCC 560, Hyderabad Engineering Industries Ltd. v. A.P. State Electricity Board, 1988 AIR(SC) 985, Kamrup Paper mills Ltd. v. ASEB and Ors.,1995 3 GauLR 225, Bihar State Electricity Board v. His Green Rubber Industries and Ors., 1990 AIR(SC) 699, contended that imposition of surcharge has been held to be valid.

(3.) Referring to orders dated 18.12.90, 22.1.91, 13.3.91, 21.4.92 and 30.5.92, Annexures-B, C, D, E and F, issued by the Superintending Engineer of the Board, learned Counsel submitted that true meaning arid import of 'due date' as referred to in the above orders, Annexure-B to F, needs legal interpretation.