(1.) This writ appeal arises out of judgment and order dated 17.2.95 passed by a learned Single Judge of this Court in Civil Rule No. 3428/94.
(2.) The Writ petitioner-respondents 1 to 6 filed a writ petition being Civil Rule No. 3428/94 before this Court challenging the revised Electricity Tariff vide notification dated 9.8.94 (Annexure-I) issued by the appellant Assam State Electricity Board (for short 'Board'). Apart from the aforesaid writ petition there were many other similar writ petitions, challenging the revised electricity tariff vide notification dated 9.8.94. All these petitioners were heard by a learned Single Judge, who by his impugned judgment while rejecting all other contentions raised and advanced by the petitioners allowed the writ petition, on the sole ground that the 'Board' while fixing the tariff u/ s 59 of the Electricity (Supply) Act 1949 (hereinafter referred to as the Act) did not take into account and consider the factors as contemplated by Sec. 49(2) read with Sec. 1.8 of the Act.
(3.) Aggrieved by the aforesaid judgment, the Board has preferred this appeal, while the writ petitioners have also filed a Cross Appeal being Cross Appeal No. 1/96 based largely on the proposition and contradictions and several concealed and apparent infirmities in reasoning. Apart from this appeal and cross appeal, there are other appeals as well being Writ Appeal No. 166/95, they have all heard together, and are being disposed of by this judgment.
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