CIVIL WRIT JURISDICTION CASE No.3095 OF 1998 ---------- In the matter of an application under Article 226 of the Constitution of India. ------------- 1.Holy Cross Convent, Tripolia, Patna through its Superior Sr. Celestine Mathias H.C. D/O Shri Mathias Ignatius, resident of Holy Cross Convent, Tripolia, P.S. Alamganj, District-Patna 2. Tripolia Social Service at its premises in Tripolia ------ Petitioners. Versus 1. Bihar State Electricity Board through its Chairman, Vidyut Bhavan, Patna. 2. General Manager-cum-Chief Executive Engineer, Patna Electric Supply Union, Mangles Road, Patna. 3. Electrical Executive Engineer, Electric Supply Division, Gulzarbagh, Patna. 4. Assistant Electrical Engineer (Rev), Gulzarbagh Supply Division, Gulzarbagh, Patna. 5. The State of Bihar -------- Respondents. ----------- For the Petitioner : Mr. K.M. Joseph, Advocate. For Respondent nos. 1 to 4: Mr. Vinay Kirti Singh, Advocate. For the State of Bihar: Mr. A. Amanullah, Government Advocate No.IX. ------------- P R E S E N T THE HON'BLE MR. JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR. JUSTICE BIRENDRA PRASAD VERMA S.K.Katriar,J. This writ petition has been preferred with the prayer to quash the supplementary bill dated 4.3.1998 (Annexure-3A), for the period August 1991 to January 1998, and the supplementary bill dated 4.3.1998 (Annexure-3B), for the period August 1991 to January 1998, for the two meters installed in the premises of petitioner no.1, to record the supply of power. This writ petition is further directed against the order dated 1.4.1998 (Annexure-4), passed by respondent no.3, whereby representation of the petitioners to 2 treat it as a convent and under the head „domestic service‟ (hereinafter referred to as „D.S.‟), has been rejected, and has instead been held to be covered by the head „non-domestic‟ (hereinafter referred to as the „N.D.S.‟), within the meaning of the tariff notifications published in the Bihar Gazette (Extra), September 20, 1991, and its successor notification published in the Bihar Gazette (Extra), June 23, 1993. 2. A brief statement of facts essential for the disposal of this writ petition may be indicated. Petitioner no.2 is a society registered under Societies Registration Act of 1860 (hereinafter referred to as „the Act‟), and has been allotted Registration No. 39 of 1967-1968. A photo copy of its Memorandum of Association is on record marked Annexure 5. It is stated therein that petitioner no.2 has been set up with charitable, spiritual, religious and social purposes. Its aims and objects are stated in detail in Annexure-5. Petitioner no.2 has set up a number of institutions in the township of Patna to provide relief and services to the humanity. One such institution is Tripolia Social Service Hospital, Gulzarbagh. Petitioner no.1 is residential premises of the nuns and/or sisters who are engaged in religious and spiritual activities, who also work in the hospitals. Petitioner no.2 had applied with respondent nos. 1 to 4 for supply of electricity power to its establishment in the township of Patna. It was registered as consumer under the tariff notification published 3 in the Bihar Gazette (Extra), dated 12.8.1983. It was provided with two meters, one for residential portion bearing AC No. 218 under DS 3, and the other one for irrigation and cultivation purposes bearing AC No. 57269 under Agricultural Service. The petitioners received power supply and continued to pay the bills without default till such time the Board published the successor tariff notification dated 20.9.1991, which, in its turn, was replaced by its successor tariff notification dated 23.6.1993. Petitioner no.2 was charged under D.S. III and agriculture unit category which carry lower rates of power supply. The Board in the hind- sight felt that, with the promulgation of tariff notifications of 1991 and 1993, petitioner no.2 is required to make payment of the bills under C.S. and N.D.S. The Board, therefore, issued the impugned supplementary bills marked Annexures 3A and 3B, to realize the arrears for the periods in question. Petitioner no.1 submitted its representation requesting therein that Annexures 3A and 3B, the supplementary bills, may be countermanded because petitioner no.1 is a purely residential premises and, therefore, should be charged in the D.S. category. The same has been rejected by the impugned order (Annexure-4). Hence this writ petition. 3. While assailing the validity of the impugned order, learned counsel for the petitioners submits that the Board has completely over-looked the aims, objects, and the purpose 4 for which the premises known as petitioner no.1 is being used. It is being used solely and exclusively for residential purpose of nuns and/or sisters who are not required to make any payment, and the convent is being run without any profit motive at all. In his submission, the Board will have to take into account the aims, objects, and the purpose of it every individual institution under petitioner no.2, which may be different from the other. The fact that one premises is being used as hospital and is covered by C.S., can not lead to the conclusion that another premises being used solely for residential purposes will be covered by C.S. He relies on the judgment of a Division Bench of this Court in the case of Council for Protection of Public Rights and Welfare Vrs. The State of Bihar & Ors., reported in 1994(1) P.L.J.R. 853. 4. Learned counsel for respondent nos. 1 to 4 has supported the impugned action. He submits that petitioner no.2 is the sole consumer of the Board. So long as the present position continues, it is not possible for the Board to take into account and recognize the purposes for which its various premises are alleged being differently used. 5. We have perused the materials on record and considered the submissions of learned counsel for the parties. Before we proceed further, we would like to state that C.W.J.C. No. 556 of 1999 (Tripolia Social Service Hospital. Vs. Bihar State Electricity Board & Ors.), heard 5 analogously with the present writ petition, has been dismissed by judgment dated 16th November, 2010. It has been held therein that Tripolia Social Service Hospital, one of the institutions under Tripolia Social Service (Petitioner no.2 herein), is being rightly treated by the Board in the C.S. category. We have there considered the effect of the three successive tariff notifications on Tripolia Social Service Hospital. 6. In the present writ petition, it appears to us that petitioner no.2 has been provided with two connections for the user of petitioner no.1, and has wrongly been treated under N.D.S. category after promulgation of the tariff notifications of 1991 and 1993. The two connections are registered with the Board in the name of petitioner no.2, one for residential portion and the other one for irrigation of the open lands. In view of the materials on record, we are convinced that petitioner no.1 is an entirely residential premises of the nuns and/or sisters who are residing there free of charges, and is being run without any profit motive. We are, therefore, of the view that the two meters registered in the name of petitioner no.2 should be treated as D.S. In that view of the matter, the impugned supplementary bills (Annexures 3A and 3B), as well as the impugned order dated 1.4.1998 marked Annexure-4, are illegal and fit to be set aside. 6 7. We wish to clarify that the supplementary bill marked Annexure 3A was being treated to be in the category of “Irrigation and Agriculture Service”. The relevant portion of the tariff notification of 20.9.1991, reads as follows: “IRRIGATION AND AGRICULTURE SERVICE Applicability.-For all bonafide use of electrical energy for agricultural purpose including processing of the agricultural produce, confined to chaff-cuttar, thrasher, cane-crusher and rice- huller, when operated by the agriculturist in the field or farm except rice mills, flour mills, oil mills, dal mills or expellers. 2. Category of Service :- Irrigation and Agriculture service will be of two categories i.e.:- (a) IAS-I- For Private tube-wells all over the State of Bihar and Private Lift Irrigation Schemes in Chhotanagpur and Santhal Parganas. (b) IAS-II.-State Tube-wells/State Lift Irrigation Schemes all over the State. 3. Character of service.- AC 50 Cycles, single phase at 230 volts or 3 phase at 400 volts. ” On a perusal of this part of the tariff notification dated 20.9.1991, it appears that such connections for irrigation/agriculture is meant for agriculturist and irrigation authorities. In the facts and circumstances of the case, we are convinced that the open lands available in the premises of petitioner no.1 is in the nature of a kitchen garden attached to the residential premises and is, therefore, not covered by the irrigation and agriculture service. It will have to be treated as D.S. 8. In the result, this writ petition is allowed. The supplementary bills dated 4.3.1998 (Annexures 3A and 3B), 7 and the impugned order dated 1.4.1998 (Annexure-4), are hereby quashed. The two connections registered in the name of petitioner no.2, for the user of petitioner no.1, shall continue to be charged under D.S. category so long the tariff notification of 1993 is in force. In the circumstances of the case, there shall be no order as to costs. B.P. Verma, J.I agree. Patna High Court, Patna. Dated 22nd November, 2010 Vinay/A.F.R. ( S. K. Katriar,J. ) (Birendra Prasad Verma, J.)