M/S Jai Bajrang Re-Rolling Mil v. The State Of Bihar And ORS

Patna High Court CWJC No.16726 of 2004 (12) dt.29-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16726 of 2004 ====================================================== M/S Jai Bajrang Re-Rolling Mill .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 29-07-2015 Heard learned counsel for the petitioner and learned counsel for the Bihar State Electricity Board, now Bihar Power Holding Company Ltd.

It is admitted by learned counsels for the parties that the principal issue with regard to the exemption of the petitioner from A.M.G. charges has already been decided by this Court in C.W.J.C. No.13633 of 2007 filed by the petitioner by order dated 27.08.2012 with the direction to the Bihar State Electricity Board that they will re-work the liability and the outstanding dues of the petitioner after taking out the A.M.G. component in the bill raised against it and the liability of the petitioner will be fixed to the extent of non-payment of other charges, minus the A.M.G. charges.

The present writ application has been filed for quashing the certificate proceedings being Certificate Case No.3 of 2000-01 so far as it relates to A.M.G. charges and D.P.S. charges thereon pending before the Certificate Officer,

Patna High Court CWJC No.16726 of 2004 (12) dt.29-07-2015 Aurangabad.

In view of the fact that the order dated 27.08.2012 passed in C.W.J.C. No.13633 of 2007 has acquired finality, the present writ application has to be allowed and the Certificate Case No. 3 of 2000-01 is quashed to the extent that it relates to the A.M.G. charges and D.P.S. Charges thereon.

(Ramesh Kumar Datta, J) V.P.Sinha/- U