ARUN REFRACTORIES Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) PURSUANT to order dated 18.3.2005, the Chairman of the Board and the General Manager -cum -Chief Engineer, Dhanbad Area Electricity Board, Dhanbad have appeared in person and filed show -causes and counter -affidavit.

(2.) INSTANT writ petition was filed by the petitioners for quashing the circular as contained in letter dated 11.7.2000 issued by the Bihar State Electricity Board fixing the rate of fuel surcharge for the years 1996 -97, 1997 -98 & 1998 -99 in compliance of the judgment dated 26.6.2000 passed by a Division Bench of this Court in the case of Pulak Enterprises & Ors. (CWJC No. 5542 of 1999 and other analogous cases) and also for quashing the circular dated 16.8.2000 by which the Board has fixed the provisional rate of fuel surcharge for the period 1999 -2000. In the said writ ' petition, petitioners also challenged the bills of fuel surcharge on various grounds.

(3.) ON 6.6.2001, the instant writ petition was dismissed in terms of the judgment and order dated 30th March, 2001 passed in CWJC No. 2758/2000. However, the judgment passed in CWJC No. 2758/2000 was eventually set -aside and the matter was remanded back to this Court in LPA. In the meantime, respondent -Board issued notice for disconnection which resulted in filing of the Interlocutory Application being LA. No. 451 of 2005. One of the petitioners has also filed separate Interlocutory Application being I.A. No. 452 of 2005 against the notice issued by the Board for disconnection. These two Interlocutory Applications were taken up on 24.2.2005 but on the request of Mr. Delip Jerath, learned counsel appearing for the respondent -Board, the case was passed over for the day. On 28.2.2005 again on the request of Mr. Delip Jerath, learned counsel appearing for the respondent -Board, the case was adjourned for two weeks for filing reply to the LA. petition. Again the matter was taken up on 18.3.2005 but no reply was filed. On that date, this Court was compelled to pass the order for personal appearance of the Chairman of the Board and the General Manager -cum -Chief Engineer.