JAYANTI INDUSTRIES Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed against the order dated 26 August, 2002 on C.W.J.C. No. 2767 of 2002 : M/s Jayanti Industries V/s. Bihar State Electricity Board and Ors. [2002(4) PLJR 400]

(2.) AT the out set, upon hearing learned counsel for the petitioner, the Court desired submissions on what exactly be the error in the order or illegality in it so as to occasion interference by a Letters Patent Appeal. The Court cannot help recording to put it very mildly and modestly that the submissions which came on behalf of the appellant were not in humility but with much belligerence. This, the Court does not appreciate.

(3.) THE issue is then borne out from the submissions as made on the writ petition itself and the submission of the Bihar State Electricity Board on the counter affidavit which this Court reproduces: Submission of the petitioner in paragraphs 17 and 44 Submission of the Bihar State Electricity Board in paragraph 09 of the counter affidavit. 17.that simultaneously, the petitioner also filed an application in the prescribed form for a new electrical connection in the LTlS category of 25 HP load. 44.That even otherwise, none of the respondents ever took into consideration the fact that the petitioner had never asked for disconnection of his electric line, rather he had asked That at this stage it would be relevant to state here that the petitioners demand for grant of a new connection cannot be adhered to till the subsisting agreement is terminated and all the dues regarding the same are cleared/ paid. The falsity and misleading attitude, of the petitioner is further exposed if para nos. 17 and 44 to the writ petition for reduction of his load from 150 MVA 25 HP and as the existing load of 150 KVA was in the High Tension Industrial category, the existing agreement was required to be entered into. are read together. In para No. 17 the petitioner has stated that he applied for a new connection whereas in Para no. 44 it has been stated that it had never asked for disconnection of electricity line, rather it had asked for reduction of the load from 150 KVA to 25 H.P.