RAJESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, relief sought, is for quashing an electric bill issued by the State Electricity Board (hereinafter to be referred to as 'the Board') dated 25-5-78 which has been marked Annex. 14 as well as refusal to extend the incentive scheme formulated by the State Government in favour of registered small scale industries in the matter of consumption of electrical energy. The said letter of refusal is dated 24-5-1978 and marked Annexure 16. The petitioners further pray for a direction to restore electrical connection, which has been snapped for not surrendering to the illegal demands raised, from time to time by the Board its agents and employees.

(2.) The error of the dispute in the instant case is twofold. The applicability of the incentive scheme of the Government of Bihar bearing No. 16808 dated 29-9-1973, by which registered small scale industries of the State of Bihar were exempted from the payment of actual minimum guarantee charges for a period of five years from the date of its production, as well as grant of subsidy of 9 paisa per unit over the electrical energy consumed Connected with this is the effect of amendment of the said scheme by Government notification D-/-19-5-1976, restricting the exemption of annual minimum guarantee charges to a sum of Rs. 1000/- only per year and different mode envisaged to enjoy the amended benefit. The other question of importance is, in absence of electrical connection whether an industry is at all liable to any annual minimum guarantee charges for the disconnected period.

(3.) The petitioners are partners of M/s. Alakha Rubber Industry, a factory set up at Jamira, Bhojpur, few production of rubber, tyres, tubes etc. in the small scale sector. It started production on 12-8-1974 and obtained registration from Industries Department as a small scale industry on 30-10-1975, a photostat copy of the registration certificate has been marked. Annexure '22.' Board was intimated about it by the petitioner on 13-11-1975 (Annexure-11). The respondent, Electrical Executive Engineer, while acknowledging the said letter, enquired about the registration number from the petitioner on 22-12-1975 (Annexure-12) in order to enable him to extend the facility of incentive scheme of the State Government to registered small scale industry.