IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14566 of 2008 M/S Kamper Concast Limited, a company incorporated under the Companies Act, 1956 having its registered office at N.P. Centre, New Dakbunglow Road, Patna-1 through its Director Purshottam Gupta, son of Sri B.P. Gupta Versus 1. Bihar State Electricity Board, through its Chairman, Vidyut Bhawan, Bailey Road, Patna 2. Chairman, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 3. G.M.-cum- Chief Engineer, Central Electric Supply Area, Patna 4. Electrical Superintending Engineer, Patna Circle, R-Block, Patna 5. Electrical Executive Engineer, Bihta Supply Circle, Bihar State Electricity Board, Bihta, Patna ----------- For the Petitioner :M/s Y.V. Giri, Sr. Advocate & Raju Giri, Advocate For the Board :M/s Vinay Kirti Singh & Akhileshwar Singh, Advocates ----------- 06/ 07.12.2010 Heard learned counsel for the petitioner and the counsel for the Bihar State Electricity Board, Patna (hereinafter referred to as “the Board”). 2. Petitioner is aggrieved by the bill dated 5.6.2008, 14.7.2008, Annexures-3 and 4 as also the order dated 5.8.2008, Annexure-6 and the bill dated 5.8.2008, Annexure-7 and the order dated 11.9.2008 and supplementary bill dated 11.9.2008, Annexures-9 and 10 as the aforesaid four bills and the two orders have been 2 issued for the same period for which petitioner was served punitive bill dated 21.6.2008, Annexure-1. The punitive bill was raised for the period between the date of installation of the Meter till the date of inspection i.e. 15.1.2008 to 20.6.2008 and the impugned bills and the orders have also been issued for part of the same period i.e. May, June, 2008. In this connection, it is pointed out, with reference to the punitive bill, that the same has been drawn with reference to the formula of assessment indicated in Annexure-7 of the Bihar Electricity Supply code, 2007 after deducting the amount already deposited by the petitioner during the period of punitive bill. 3. It is submitted on behalf of the petitioner that for the months of May-June, 2008 payment was not made by the petitioner, as such, no deduction has been allowed to the petitioner in the punitive bill. The energy consumption charges for the period until the date of inspection has already been included in the punitive bill inclusive of KVA charges. In the circumstances, the authorities were not justified in raising the impugned bills, Annexures-3,4,7 and 10 for the same KVA charges, Meter Rent and Govt. Duty. 3 4. Counsel for the Board opposed the aforesaid submission. He submitted that punitive bill has been raised in terms of the mechanism for raising the punitive bill provided in Annexure-7 of the Supply Code, but while raising such punitive bill, the KVA charges for the period of the punitive bill was not included in the punitive bill and no sooner the authorities of the Board realized their mistake in raising the punitive bill, they came out with the supplementary bill contained in Annexures-3,4,7 and 10 for the amount of the KVA charges for the period of the punitive bill. 5. Having perused the punitive bill, it appears that thereunder the energy consumed has been indicated with the amount payable as energy charges after deducting the amounts already paid during the period of punitive bill. From the punitive bill, it does not appear that KVA charges have also been included therein. From the supplementary bills, Annexures-3,4,7 and 10 also, it does not appear that those bills are only for the KVA charges and not for the energy consumed. From the order dated 5.8.2008, it, however, appears that the supplementary bill, Annexures-3,4 was raised for the balance amount of KVA 4 charges, Meter Rent and Govt. Duty. It is, therefore, not clear whether supplementary bill, Annexures-3,4,7 and 10 is only for the KVA charges. In case the KVA charges have not been included in the punitive bill, the authorities of the Board are entitled to raise the same by issuing a fresh bill indicating the amount of KVA charges for each of the months of the punitive bill which the petitioner must pay as per the instalments fixed by the authorities of the Board. In case the punitive bill includes the KVA charges, no fresh bill for payment of KVA charges be issued to the petitioner. 6. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)