IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6675 of 1999 ASHIANA NAGAR PHASE-II MANAGEMENT COMMITTEE Versus BIHAR STATE ELECTRICITY BOARD& ORS ----------- 13 3.12.2009 In the instant writ petition the petitioner prays for issuance of writ of mandamus commanding the respondents to treat the consumption of electrical energy under the Domestic Category Service- III (hereinafter referred to as the DS-III) in place of Commercial Service-III (hereinafter referred to as the CS-III) in pursuance of Annexure-10 to the writ petition. The petitioner is a cooperative society duly registered under the Bihar Cooperative Societies Act. The Society has been engaged in the construction of multi storied flats. For construction of the multi storied flats the petitioner was given the electrical consumer no.4- 45029300/129765. Learned counsel for the petitioner submits that in the year 1988 the tariff notification of 1983 was in operation and there was no provision in the tariff schedule to put the petitioner’s housing society under the category of CS-II. The tariff notification of 1983 was superseded by tariff notification dated 26.8.1991 which was published in the official gazette also. It is submitted that only after the commencement of tariff notification 1991 the Housing Cooperative Societies for availing power, common service in Multi-storied buildings and such other installations etc. were made liable to pay tariff applicable for commercial service. Thereafter, the electrical connection of the petitioner was put under CS-III category by the - 2 - respondent authorities after the promulgation of Tariff Notification of 1991. The Tariff Notification of 1991 was superseded by the Tariff Notification of 1993 published in the Extra-ordinary Gazette dated 23.6.1993. The petitioner submits that it has been held by this court in the case of Council for Protection of Public Rights and Welfare Vs State of Bihar & Ors, reported in 1994(1) P.L.J.R.853 that classification sought to have been made for levy of higher charges in respect of common area is not based on reasonable differentia and the rates applicable to domestic tariff shall also apply for consumption of electrical energy in common area of a multi storeyed building. Thereafter this court in the case of Narmada Apartment Owner’s Association & Ors Vs The Bihar State Electricity Board & Ors, disposed of on 1.3.2000 vide C.W.J.C.No.2695 of 1998 reiterated above proposition of law. Counsel for the petitioner submits that he has instruction that the Board is now applying domestic rate to the common area. However, he limits his prayer for adjustment of higher rate already paid by the petitioner. Mr. Vinay Kirti Singh, learned counsel appearing on behalf of the Board submits that the higher rate already paid by the petitioner cannot be adjusted and it can operate only prospectively. After hearing counsel for the parties, this court is of the view that as the Board has now applied domestic rate for the common - 3 - KHAN passage, any positive direction would not be required in the case. However, it would be open to the petitioner to file representation before the appropriate authorities for adjustment of higher amount already paid by him. With the aforesaid observations this writ petition stands disposed of. (S.P.Singh,J)