ORDER Leave granted. The appellants before us filed a Writ Petition in the High Court against Bihar State Electricity Board challenging the levy of fuel surcharge on the unconsumed portion of units. 2. It was contended that such levy is in violation of 1993 tariff because it proposes to realise fuel surcharge only on unconsumed units whereas as per the tariff, fuel surcharge on unconsumed units is not payable by High Tension and Extra High Tension consumers and from whom the board is not realizing fuel surcharge on unconsumed units. 3. However, this aspect was not examined either by the learned Single Judge in the Writ Petition or by the Division Bench in the Letters Patent Appeal which was filed on dismissal of the Writ Petition. All that was done was to follow the earlier decision wherein this question was not raised at all. In the case such levy of full surcharge on unconsumed units was made only with reference to certain areas. When that levy was challenged it was made applicable to all areas. In those circumstances, the Writ Petition was dismissed. 4. Therefore, questions raised in that Writ Petition were entirely different from the questions that are raised in the (Letters Patent Appeal) Writ Petition of the Appellants. Hence we set aside the order made by the learned Single Judge and that of the Division Bench of the High Court and remit the matter to the High Court for fresh disposal in accordance with law. The appeals are allowed accordingly. Appeal allowed. Matter remitted. *************** Parallel Citations of other Journals : Chotanagpur Small Scale Indus, Association. & Ors. v. Bihar State Electricity Board, 2001(5) Supreme 717 00021