Judgment S. B. Sinha and J JJ. 1. -the petitioner in this application has prayed for issuance of an appropriate writ directing the respondents to raise and issue bills to the petitioner for the months of June.1990 to August, 1991 in accordance with the tariff notification dated 16.2.1987 with regard to the billing for consumers with defective or non-working metres. 2. The petitioner is a public Limited Company having factory situated at Dumraon. The meter installed to the petitioners premises became defective In June, 1990, the petitioner received bill on the basis of 4,03,528 units per month for the months of January and February, 1990. The defect in the meter, however, was not rectified in spite of the repeated requests made in that regard According to the petitioner, keeping in view the monthly minimum guaranteed units which is to the extent of 1,86,150 units and the bills had been raised on the basis of 45 per cent load factor, the same would have come to 3,35,070 units per month. It was submitted that in terms of the petitioner, therefore, for the period between 16.2.1987 to september, 1991 it could have been billed on 45 per cent load factor and not according to the new tariff which came into force in September, 1991. The petitioner has submitted that so far as the issuance of bills on 45 per cent load factor is concerned, the matter is pending before the Supreme Court. 3. Mr. Shiv Kirti Singh, learned counsel appearing on behalf of the bihar State Electricity Board has produced before us a copy of the notification dated 18.4.88 in terms whereof the Board had been empowered to raise bill either on the basis of 45 per cent load factor or on the basis of three months average consumption of electric energy whichever is higher. 4. Mr Navniti Prasad Singh, learned counsel appearing on behalf of the petitioner submitted that the said notification is not legal and valid as the same had not been published in the Gazette. Learned counsel, in this connection has relied upon a decision of this court in Bihar Chambers of commerce V/s. Bihar State Electricity Board and others, reported in 1993 (1) PLJR 36. Mr. Shiv Ktrti Singh, learned counsel for the Board, although was given an opportunity to produce a copy of the Gazette notification, but he could not produce it. 5. Learned counsel, in this connection has relied upon a decision of this court in Bihar Chambers of commerce V/s. Bihar State Electricity Board and others, reported in 1993 (1) PLJR 36. Mr. Shiv Ktrti Singh, learned counsel for the Board, although was given an opportunity to produce a copy of the Gazette notification, but he could not produce it. 5. In Bihar Chambers of Commerces case, it has been held that the tariff would become effective from the date of its publication in the official gazette In this view of the matter, as the notification dated 18.4.88, has not been published in the Gazette, the petitioner could not be billed in terms thereof. 6. This application is, therefore, allowed and the respondents are hereby directed to issue a fresh bill in accordance with the old tariff. However, the bills issued shall be subject to the ultimate result of the matter pending before the Supreme Court of India. In the facts and circumstances of the case there will be no orders as to costs. Appeal Allowed.