JUGAL MISTRY Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THERE are altogether ten petitioners in these three writ petitions. They seek the same relief in the same set of facts and circumstances. Hence, these three cases were heard together and are being disposed of by this common order.

(2.) SOME of the petitioners are running lathe shops and some welding shops at Nawadah. Each of the petitioners draws electricity under a low tension connection for running his motor(s)/machine(s). The sanctioned load of the petitioners varies from 2 to 6 horse powers. In the month of October, 1997 the petitioners were given bills showing large amounts as arrears. The amounts of arrears in the bills given to the petitioners range between Rs. 41,320/ - (in respect of Mithlesh Prasad, petitioner no. 4 in CWJC No. 2011/1998) to over a lac of rupees in case of some of the other petitioners. From the bills given to the petitioners it only appeared that the demand was raised on the basis of some objection raised by the audit. The petitioners filed these writ petitions seeking to challenge those bills and praying for a direction to the Board not to take any coercive measures for the realisation of the amounts shown as arrears in those bills.

(3.) IT is further stated in the counter affidavit that on the basis of the inspection report submitted by the Junior Electrical Engineer notices were issued to all the consumers including the petitioners. By the notice, the consumers were intimated that the welding sets they were using had been found to be without name plates and they were, therefore, liable to be billed @ 15 HP. According to the counter affidavit none of the consumers, including the petitioners gave any reply to the notices issued by the Board. No copy of the notice is, however, brought on the record in support of the averments.