BALAJI INDUSTRIES Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE writ petition was preferred by petitioner against supplementary bill dated 13th October, 1999 and 15th March, 2000 in respect of fuel surcharge for the period March, 1995 to March, 2000.

(2.) MR . V.P. Singh, counsel for the JSEB submitted that the fuel surcharge for the period 1995 -96 was affirmed by Patna High Court in the case of "M/s. Pullak Enterprises", reported in 2000 (3) PLJR page 552. So far as the fuel surcharge for the period 1996 - 97 to 1999 -2000 is concerned, the Patna High Court in the case of "M/s. Pullak Enterprises" (supra) gave certain directions on the basis of which fresh circulars issued on 11th July, 2000 and 16th October, 2000 fixing the rate of fuel surcharge. The aforesaid two circulars dated 11th July, 2000 and 16th August, 2000 have again been challenged in number of cases including CWJC No. 2757/2000, 2758/2000 etc, which are pending hearing before this Court.

(3.) IF the petitioner has deposited fuel surcharge as per interim order dated 25th September, 2000 passed in the present case, the respondents will not take any coercive step against it till final decision is taken in CWJC No. 2757/2000 and CWJC No. 2758/2000.