BANSWARA SYNTEX LTD Vs. RAJASTHAN STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS petition filed by M/s Banswara Syntex Ltd. , seeks quashing of the notification dated 11th Sept. 1991 (annexure 1 to the petition) and the demand created vide bills, annexure 2 to the writ petition. It has further sought the relief of mandamus restraining the Rajasthan State Electricity Board (hereinafter referred to as the 'board' from recovering final rate of fuel sur-charge on the basis of annexure A-l to the writ petition. By annexure A-1, the fuel sur-charge had been approved by the Board at the rate of 23. 68 per unit under the provisions of 'cost Variation and Fuel Adjustment Clause' appearing in the 'tarrif for Supply of Electricity 1985. '

(2.) THE aforesaid notification dated 11. 9. 1991 also directed that the bills of all medium and large industrial consumers for the year 1989-90, i. e. for billing month of May 1989 to April 1990, be revised accordingly. THE final rate of fuel sur-charge for 1989-90 is worked out in accordance with tariffs for supply of electricity, 1985, which had been approved by the Board as given at the bottom of the said notification.

(3.) THE writ petition has been contested by the Raj. State Electricity Board on the ground that the fuel sur-charged had been claimed in accordance with the terms and conditions settled under the agreement in between the parties. Clause 16 of the agreement has been referred to in the counter affidavit as the basis for the claim. Clause 16 (a) and (b) of the agreement reads as under: - '16 (a ). THE consumer shall pay to the Board every month charges for electrical energy supplied to the consumer during the preceding month under this agreement in accordance with the provisions and scale of rates set forth in the tariff schedule attached hereto and which shall be deemed to be part of this agreement. 16 (b ). If the Board by notification makes any alteration in the aforesaid scale of charges, such altered rates shall be treated as if the same were part of this agreement in supersession of the charges set out in the schedule attached hereto with effect from the date fixed in the notification and if no date is fixed in the notification then from the date of publication of such notification. '