DUMRAONTEXTILESLTD Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) -The petitioner in this application has prayed for Issuance of an appropriate writ directing the respondents to raise and issue bills to the petitioner for the months of June. 1990 to August, 1991 in accordance with the tariff notification dated 16.2.1987 with regard to the billing for consumers with defective or non-working metres.

(2.) The petitioner is a public Limited Company having factory situated at Dumraon. The meter installed to the petitioner's premises became defective In June, 1990, the petitioner received bill on the basis of 4,03,528 units per month for the months of January and February, 1990. The defect in the meter, however, was not rectified in spite of the repeated requests made in that regard According to the petitioner, keeping in view the monthly minimum guaranteed units which is to the extent of 1,86,150 units and the bills had been raised on the basis of 45 per cent load factor, the same would have come to 3,35,070 units per month. It was submitted that in terms of the petitioner, therefore, for the period between 16.2.1987 to September, 1991 it could have been billed on 45 per cent load factor and not according to the new tariff which came into force in September, 1991. The petitioner has submitted that so far as the issuance of bills on 45 per cent load factor is concerned, the matter is pending before the Supreme Court.

(3.) Mr. Shiv Kirti Singh, learned counsel appearing on behalf of the Bihar State Electricity Board has produced before us a copy of the notification dated 18.4.88 in terms whereof the Board had been empowered to raise bill either on the basis of 45 per cent load factor or on the basis of three months average consumption of electric energy whichever is higher.