RAM SHARAN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners approached this Court complaining that the respondents had raised demand for payment of charges for consumption of electrical energy on the basis of Tariff applicable to commercial service instead of Tariff for domestic service applicable to the case of the petitioners and have prayed for appropriate directions to the Respondents.

(2.) THE case of the petitioners is that the petitioner no. 1 is running a private nursing Home in the premises owned by the petitioner no. 2 and electrical energy is consumed for the purposes of the Nursing home since 5. 2. 1974 from the service connection, the sanctioned load of which is 1. 68 K. W. and the petitioners had been paying the charges for consumption of electrical energy regularly on the demands raised in the bill on the basis of Tariff applicable to domestic service. But suddenly in the consolidated bills for October; november and December, 1984 the charges for consumption of electrical energy have been levied on the basis of Tariff applicable to commercial service.

(3.) THE contention of learned counsel for the petitioners is that under the Tarif notification of 1983, they are liable to pay tariff applicable for domestic service as the petitioner no. 1 is running a Nursing Home and the rate of Tariff applicable in case of nursing Home is the same as is applicable for domestic service in view of the fact that the rate of Tariff for domestic service has also been made applicable where the electrical energy is used in Schools, Colleges, Hospitals, clubs, Temples. Mosques, churches, Charitable and Industrial Institutions as is provided in the Tariff Schedule of the Tariff Notification of 1983.