Balaji Industries v. Bihar State Electricity Board
2002-05-15
SUDHANSU JYOTI MUKHOPADHAYA
body2002
DigiLaw.ai
ORDER S.J. Mukhopadhaya, J. 1. The writ petition was preferred by petitioner against supplementary bill dated 13th October, 1999 & 15th March, 2000 in respect of fuel surcharge for the period March, 1995 to March, 2000. 2. Mr. V.P. Singh, counsel for the JSEB submitted that the fuel surcharge for the period 1995-96 was affirmed by Patna High Court in the case of "M/s. Pullak Enterprises", reported in 2000 (3) PLJR page 552. So far as the fuel surcharge for the period 1996- 97 to 1999-2000 is concerned, the Patna High Court in the case of "M/s. Pullak Enterprises" (supra) gave certain directions on the basis of which fresh circulars issued on 11th July, 2000 & 16th October, 2000 fixing the rate of fuel surcharge. The aforesaid two circulars dated 11th July, 2000 & 16th August, 2000 have again been challenged in number of cases including CWJC No. 2757/2000, 2758/2000 etc, which are pending hearing before this Court. 3. In the facts and circumstances, as suggested by the parties, instead of keeping this case pending, in the interest of justice, the following order is passed for the present. 4. If the petitioner has deposited fuel surcharge as per interim order dated 25th September, 2000 passed in the present case, the respondents will not take any coercive step against it till final decision is taken in CWJC No. 2757/2000 & CWJC No. 2758/2000. 5. However, the aforesaid interim arrangement shall not be applicable in respect to other dues/arrears, if any, including current bill. The petitioner will also be governed by the decision as may be rendered by this Court in CWJC No. 2757/2000 and analogous cases, subject to its right and objection. The writ petition stands disposed of with aforesaid observation and liberty.