M/S Shakti Cold Storage And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9579 of 2009 ======================================================
1. M/S Shakti Cold Storage Jagdeo Path, Garbhu Chak, Patna through the Director of one of it's partner Sheemee Sales & Services Pvt. Ltd. through Pawan Kumar Petitioner No. 3.
2. Sheemee Sales & Services Pvt. Ltd. a company registered under the Indian Oil Companies Act 1956 having it's office at 12 Waterloo Street, Calcutta, partner to petitioner no. 1 M/S Shakti Cold Storage through one of it's director Pawan Kumar.
3. Pawan Kumar, aged about 35 years, Son of Sri R.K.Sah, resident of 1/.37 Azadgarh, P.O.- Regal Park, P.S.- Yadavpur, District- Kolkata, West Bengal, one of the Director of Sheemee Sales & Services Pvt. (Petitioner no. 2) a partner of M/S Shakti Cold Storage (Petitioner no. - 1).
.... .... Petitioner/s
Versus
1. The State of Bihar through the Industrial Development Commissioner, Government of Bihar, Patna.
2. The Bihar State Electricity Board through it's Chairman, Bailey Road, Patna.
3. The Electrical Superintending Engineer, Patna Electric Supply undertaking (West) Circle, mangles Road, Patna.
4. Executive Engineer,(Commercial), West Circle, PESU, Patna (Revenue).
5. The Assistant, Electrical Engineer (Revenue) HT Billing, West Circle. PESU, Patna.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Pratap Singh, Advocate.
For the Respondent/s :
Mr. Vinay Kirti Singh, Sr. Advocate.
Mr. Akhileshwar Singh, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 30-01-2015 Learned counsel for the petitioners, as with regard to the following relief prayed in this writ application: "1.(i) For issuance of a writ in the nature of a writ of mandamus directing and commanding the respondents, that the petitioner not to be subjected to AMG/MMG in raising electrical energy bills in terms of the industrial incentive policy 2006 published vide memo no. 1162 dated 15.07.2006 applicable from 01.04.2006.
(ii) For issuance of writ in the nature of a writ of mandamus commanding and directing the respondents that the amount collected from the petitioner on account of AMG/MMG from 01.04.2006 be adjusted forthwith/in future bills. (iii) For further direction to the respondents not to realize
Patna High Court CWJC No.9579 of 2009 (3) dt.30-01-2015 2/2 current bills till the amount already collected from the petitioner is not adjusted."
seeks permission to withdraw this writ application with liberty to move this Court again if a fresh cause of action arises to the petitioner.
2. That being so, this writ application is permitted to be withdrawn with the aforementioned liberty.
(Mihir Kumar Jha, J) Sujit/- U