IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9073 of 2006 M/S S.D.COMPAQUE POLY(I) PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AND FACTORY AT BANSTAL, SABALPUR, P.S. DEEDARGANJ, PATNA CITY, DISTRICT PATNA, THROUGH ITS DIRECTOR AND AUTHORISED SIGNATORY SHRI SANJAY KUMAR, SON OF RAGHUNATH PRASAD, RESIDENT OF BANSTAL SABALPUR P.S. DIDARGANJ, DIST. PATNA. Versus 1. THE BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA, THROUGH ITS CHAIRMAN. 2. CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 3. THE COMMERCIAL MANAGER CUM CHIEF ENGINEER, CENTRAL AREA, ELECTRICITY BOARD, SERPENTINE ROAD, PATNA. 4. THE ELECTRICAL SUPERINTENDEING ENGINEER, PESU, EAST ELECTRIC SUPPLY CIRCLE, PATNA EAST, PATNA. 5. THE ELECTRICAL EXECUTIVE ENGINEER,(COMM REV.) ELECTRIC SUPPLY DIVISON, PATNA CITY, PATNA. ----------- 03. 20.05.2011 Heard learned counsel for the petitioner and the Bihar State Electricity Board(hereinafter referred to as the Board). 2. Petitioner industrial unit is aggrieved by the order dated 27.7.2002, Annexure-7 passed by the General Manager cum Chief Engineer, Central Electric Supply Area, Patna whereunder request of the petitioner for exemption from payment of Annual Minimum Guarantee charges for five years w.e.f. the date of connection in the light of the policy decision of the Board dated 11.10.1996, Annexure-2 has been rejected by granting him exemption for a period of two years only. From perusal of Annexure-2 it appears that new industrial units are entitled for exemption from payment of AMG charges for a period of five years from the date 2 of connection. 3. Appreciating the aforesaid illegality in the order the authorities of the Board have filed counter affidavit admitting such mistake in the order dated 27.7.2002, Annexure-2, which is, accordingly, set aside and the matter is remitted back to the General Manager cum Chief Engineer, Central Electric Supply Area, Patna to reconsider the request of the petitioner for grant of exemption for payment of Annual Minimum Guarantee charges for the period of five years from the date of connection i.e. 16.9.1998. The demands dated 24.4.2000, 25.5.2001, 29.5.2002 and 21.4.2004 raised in the light of the order dated 27.7.2002 is also quashed. General Manager cum Chief Engineer, Central Electric Supply Area, Patna is directed to pass appropriate orders as early as possible, in any case within two months from the date of receipt/production of a copy of this order and to raise the demand if any, accordingly. 4. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)