SUJATA PICTURE PALACE Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE present writ petition has been preferred for the following reliefs:

(2.) THE facts in brief are set out as under:The petitioner is a proprietorship concern and is running cinema hall established since 1975. In the building there are two cinema halls in respect of which there is a common electric connection (meter) installed. The main cinema hall known as Sujata has 1217 seats and the other cinema halls situated on the second floor of the said building known as Mini Sujata has 179 seats and the category under which the electric connection was given was Commercial Service category. Initially there was manual meter but subsequently an electronic meter was installed in the premises of the petitioner on 4.9.1998.

(3.) AN inspection was made in the premises of the petitioner on 28.1.2000 by a team of officials of the electricity board including Jr. Engineer (Supply), Main Road South, Assistant Electrical Engineer (Supply), Main Road, Electrical Executive Engineer (Supply), Urban -1 and Electrical Executive Engineer, APT, Board headquarters. At the time of inspection the petitioners were asked to put on AC plants to assess the load and projectors in both the cinema halls were also asked to be operated. As a matter of fact, inspection which started at 9.00 a.m. in the morning concluded only at 3.00 p.m. in the evening and by that time, the regular cinema shows had already started. After completing the survey an Inspection Report was prepared on the basis of all the machines installed in the premises of the petitioner. It is further submitted that from E & J of the Inspection Report that even in respect of the unconnected plugs their load were also taken into consideration for the purposes of calculating the total wattage. As per the Inspection Report, reading was 69.5 KVA in the meter which as per the conversion factor in accordance with Clause 11 of the tariff is equivalent to 695/1025=55.60 KW which is within the sanctioned load. Clause -11 of the electric tariff 1993 gives following conversion factors which are as follows: