Mithila Flour Mills v. Bihar State Electricity Board And Co.
1994-04-05
INDU PRABHA SINGH, S.B.SINHA
body1994
DigiLaw.ai
Judgment S. B Sinha, I. P. Singh, JJ. 1. -by the court-Both these writ applications involve common question of fact and law and as sucb are taken up for hearing together and disposed of by common judgment. 2. The petitioner was connected with a load of 425 K V. A. However, the maximum demand indicator showed that the connected load in a particular month was 761 K V A. The petitioner allegedly protested jn relation thereto contending inter-alia therein that the reading of the meter was wrong According to the petitioner maximum demand could not have exceeded 500 K. V. A. According to the petitioner they were advised to file application for obtaining two connections, one of 225 K. V. A. and other for 200 K V A. The petitioner filed an application tor reduction of load from 425 K V. A. to 325 K V. A. However, the petitioner has intended that the same was not done. In the meanwhile A. M O. charges for 1990-91 was issued against the petitioner which was the subject matter of a writ application of this Court being C. W. J C. No.3155/92. The said writ petition was disposed of with certain directions. 3. C. W. J. C. No.8486/93 has been filed for the annual minimum guarantee charge for 1992-93 and C. W. J. C. No.755/94 has been filed in relation to annual minimum guarantee charge for 1991-92 for which periods bills bave been issued. 4. In the counter-affidavit, it has been pointed out that the petitioner is bound to pay annual minimum guarantee charges for a period of twelve months from the date of filing application for reduction of load It was further submitted that the petitioner was not even ready to enter into separate agreement for which Bihar State Electricity Board has been asking the petitioner to do. According to the respondent-Board petitioner is also not ready to surrender one of the connections and deposit the amount of security. 5. Learned counsel for the petitioner submitted that security has already been deposited in relation to one connection It has been submittep that if load is reduced from 425 to 200 K V. A, the security amount which has been deposited in relation to aforementioned connection may be adjusted.
5. Learned counsel for the petitioner submitted that security has already been deposited in relation to one connection It has been submittep that if load is reduced from 425 to 200 K V. A, the security amount which has been deposited in relation to aforementioned connection may be adjusted. It has been submitted that the petitioner is ready and willing to do all acts which are necessary to be done for reduction of load and security furnished in respect of one connection should be adjusted towards other. 6. Having heard the counsel for the parties, we are of the opinion that the matter should receive the consideration at the hands of the General manager-cum-Chief Engineer of Mithila Area Electricity Board at the first instance. The petitioner may for this purpose file representation for remission in the prescribed form within two months from the date of receipt of a copy of it. The General Manager-cum-Chief Engineer shall not only consider the representation of the petitioner in relation to remission of the annual minimum guarantee but also pass necessary orders on the application of reduction of load filed by the petitioner. He shall also take into consideration the petitioners prayer for amalgamation of both the connection and pass order in that regard. We hope and trust that keeping in view the fact that the matter is pending consideration for a long time, the Saidrespondents shall dispose of the matter with utmost expedition and preferably within two months from the date of receipt of a copy of this order In the meantime, the electrical connection of the petitioner shall not be disconnected for non-payment of charges for 1992-93 if the petitioner deposits 50% of the bills in question. However, the amount deposited by him may be adjusted against future bills if any occasion arises therefor. 7. These applications are disposed of accordingly. Application Disposed