IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11517 of 2010 1.Jagannath Das, son of late Laxmi Das, resident of village and P.O. Nonbari P.S.Kumarkhat, District Madhubani 2.Ram Pukar Yadav, son of late Raghu Nath Yadav, resident of village and P.O.Sara Mohanpur, P.S. Darbhanga (Sadar) 3.Tulsi Das, son of Sita Ram Das, At Karhiya, P.O.Belha, P.S.Rajnagar, District Madhubani 4.Ram Sunit Tiwari, son of Sri Ganga Prasad Tiwari, resident of village & P.O. Thenot, Via-Baso Patti, District Madhubani 5.Ashok Kumar Singh, son of Ram Priti Singh, resident of village Saarahe, P.O.Tarapatti, Via Khaful, District Madhubani 6.Manoj Kumar Karna, son of Kailash Prasad Das, At & P.O.Darima, Via- Keohidanway, District Madhubani 7.Pradeep Kr.Jha, son of Pureakha Jha at & P.O. Shiv Nagar, P.S.Benipatti District Madhubani 8.Arun Kumar Chaudhary, son of Sri Jihir Chaudhary, resident of village Mukhedampur, P.O. Belaha, P.S.Bisfi, District Madhubani 9.Sumangalam Jagriti, Rajnagar, Head Office Villa Rajnagar, P.O.Ranjagar Distt. Madhubani-847235 a Society registered under the Societies Registration Act, 1860 through its Secretary Shishir Kumar Jha son of Prof. Bal Nath Jha Resident of Rajnagar, District Madhubani 10.Manis Kumar, son of Sri Upendra Kumar Raut, resident of village Basopatti District Madhubani 11.Raj Kumar Singh, son of Indra Kishore Singh, At & P.O. Chachuhara, P.S. Basopatti, District Madhubani 12.Suman Kumar Mishra, son of late Bishanu Kant Mishra, resident of village & P.O. Dhanga West, P.O. Arer, District Madhubani 13.Om Namo Narayan, son of Sri Ram Lakhan Singh, resident of village Ram Chowk Bhaura, District Madhubani-----------------------------------petitioners Versus 1.The Bihar State Electricity Board through its Chairman, Vidyut Bhawan, Bailey Road, Patna 2.Member, (Distribution and Rural Electrification), Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 3.General Manager cum Chief Engineer, Mithila Electric Supply Area, Darbhanga 4.Chief Engineer (Rural Electrification), Vidyut Bhawan, Bailey Road, Patna 5.The Electrical Superintending Engineer, Electric Supply Circle, Darbhanga 6.The Assistant Executive Engineer (Technical), Electric Supply Circle, Darbhanga------------------------------------------------------------------ respondents ----------- For the petitioners :M/S Mrigank Mauli,Vinay Mistry,Advocates For the B.S.E.B. :Mr.Anand Ojha, Advocate ---- 2 2. 22.7.2010 The petitioners are aggrieved by the letter No. 1430 dated 24.9.2009 issued by the Chief Engineer(Rural Electrification) by which he has directed the Electrical Superintending Engineer, Electricity Supply Circle, Darbhanga not to allow commission on the arrears accumulated and collected by the franchisees, subsequent to the signing of agreement under the various NITs floated in the year 2006. It is submitted that in the NITs which were floated in the year 2007 and onwards the same percentage of commission has been permitted to the franchisees on the accumulated arrears after the date of agreement as was admissible for current collections whereas the petitioners have not only been denied the same but according to agreement they would be entitled to 15% of the incentive on arrears. Learned counsel for the Board, however, refers to paragraph 21 of the Franchisee document in which dispute mechanism has been laid down and it is provided that in case of any dispute between franchisee and Electricity Board relating to the terms and conditions of the agreement the General Manager- cum-Chief Engineer of the Electric Supply Area concerned will be the adjudicating authority but in case of non-settlement of dispute 3 the Chief Engineer(Commercial) B.S.E.B. shall be the authority and his decision will be final and binding on both the parties. It is, however, urged by learned counsel for the petitioner that the order in question having been issued by the Chief Engineer (RE) from the B.S.E.B. headquarters it does not appear that any proper adjudication can be expected by them from the General Manager-cum-Chief Engineer of the Electric Supply Area particularly in view of the fact that revenue of the Board is involved in the matter. This Court finds sufficient force in the said submission. In the facts and circumstances, the writ application is disposed of with a direction that the dispute in question shall go straightaway to the Chief Engineer (Commercial) of the Electricity Board, who shall consider and dispose of the same within a period of two months from the date of receipt/production of a copy of this order. Until final decision by the Chief Engineer (Commercial), B.S.E.B., no recovery shall be made by the authorities of the Board from the previously paid bills of the petitioners. (Ramesh Kumar Datta,J.) Spal/