M/S INDUSTRIAL RESOURCES & MONOLITHICS PVT. LTD. HAVING ITS OFFICE AT NEORI VIKASH, PO NEORI VIKASH, PS Vs. JHARKHAND STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN HAVING OFFICE AT ELECTRIC SUPPLY AREA, KUSAI, PO & PS

JUDGEMENT

(1.) This writ application been filed for quashing the bill whereby the respondent-Board issued a revised bill under One Time Settlement (O.T.S.) Scheme (Annexure-6).

(2.) It appears that there is dispute between the parties for payment of Annual Minimum Guarantee (A.M.G.) Charges for the period 1992 to 1999. It is then stated that for the aforesaid dispute, a writ application filed by the petitioner in the year 2002 vide W.P.(C) No. 2150 of 2002, which was dismissed. Against that order, petitioner filed L.P.A. vide L.P.A. No. 522 of 2002. The aforesaid L.P.A. disposed of by a Division Bench of this Court directing the petitioner to approach the Consumer Grievance Redressal Forum, Ranchi. Accordingly, the petitioner filed an application before the aforesaid Forum. The 'Forum' disposed of the application of the petitioner by modifying the method of calculation of A.M.G. Charges and had also observed that the petitioner is not liable to pay D.P.S. on the said amount. Against the order of 'Forum', the Board filed a writ application in this court vide W.P.(C) No. 2831 of 2004.

(3.) During the pendency of the aforesaid writ application, the Board issued a notice in the newspaper namely, 'Prabhat Khabar' on 06.03.2009 regarding One Time Settlement (O.T.S.) Scheme. In view of the aforesaid notice, the petitioner applied for settlement of dispute under the One Time Settlement (O.T.S.) Scheme vide Annexure-8 series. Thereafter, the Superintending Engineer vide letter dated 28.3.2009 asked the petitioner to pay Rs. 9,77,540.00 under One Time Settlement (O.T.S.) Scheme. It appears that above letter issued as per Board's order. Accordingly, the petitioner deposited the aforesaid amount. Thereafter, the petitioner filed a counter affidavit in the aforesaid writ application [W.P.(C) No. 3283 of 2004] stating therein that since the petitioner deposited the amount under One Time Settlement (O.T.S.) Scheme, thus, the writ application filed by the Board become infructuous. Thereafter, J.S.E.B. filed a supplementary affidavit annexing therein a supplementary revised bill under One Time Settlement (O.T.S.) Scheme. However, the said writ application not pursued by the J.S.E.B. and it withdrew the same on 25.6.2012. In the present writ application, the petitioner challenged the revised bill under One Time Settlement(O.T.S.) Scheme.