IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2947 of 2009 M/S Massina Cold Storage Ltd. situated at village + P.O. Muktapur, District Samastipur, through its Managing Director Shri Rama Nand Jha Son of late Ram Udgar Jha. Versus 1. The Bihar State Electricity Board, Patna through its Chairman. 2. The General Manager-Cum-Chief Engineer, Mithila Electric Supply Area, Darbhanga. 3. The Electrical Superintending Engineer, Electric Supply Circle, Samastipur. ----------- 03. 02.09.2011 Heard learned counsels for the petitioner and the State. The petitioner has prayed for quashing the part of the order dated 25.01.2008, as contained in Annexure- 12, passed by the General Manager-Cum-Chief-Engineer, Mithila Electric Supply Area, Darbhanga whereby the petitioner’s claim, for remission in Annual Minimum Guaranteed (A.M.G) Charge under Clause (13) of the High Tension (H.T.) Agreement for the period 2003-04, has been refused and further for specific direction to the respondents to grant remission strictly as per the principles already decided in the case of Rishi Cement Ltd. and etc. Vs. B.S.E. Board and others as reported in AIR 2002 Jhar, 1. It is submitted by learned counsel for the 2 petitioner that the prayer of the petitioner has been allowed for the period prior and after the year 2003-04 on the basis of ratio as laid down in the aforesaid case. Prima facie this Court is of the opinion that the matter requires reconsideration by respondent no.2 especially on the issue of claim of remission of the petitioner for the year 2003-04 in the light of the aforesaid referred judgment and in the light of the fact that the remission for the other periods of the petitioner has already been allowed by the respondents as a result the part of the order as contained in Annexure-12, to the extent of the remission under Clause (13) of the High Tension Agreement for the year 2003-04 is hereby quashed. The writ application stands disposed of with the direction to the petitioner to submit an appropriate application along with the copy of the decisions as referred above, whereupon the respondents will pass an appropriate order preferably within a period of three months of filing of such application by the petitioner. Amrendra/ (Dinesh Kumar Singh, J)