IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4914 of 2009 M/S Balajee Ingot India Private Limited, a Company incorporated under the provisions of Companies act, 1956, having its registered office at Naya Bazar, P.O. & P.S. Lakhisarai, District Lakhisarai, through its Manager (Legal), Gopal Krishna Sinha, son of Shri Sita Ram Prasad, resident of Khairi Mahisona, Jamui Road, P.O. & P.S. Lakhisarai, District- Lakhisarai. ….. Petitioner. Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary, Department of Industries, Government of Bihar, Vikas Bhawan, Patna. 3. The Principal Secretary, Department of Energy, Government of Bihar, Patna. 4. The Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna through its Chairman. 5. The General Manager-cum-Chief Engineer, Bhagalpur Electric Supply Area, Bhagalpur. 6. The Electrical Superintending Engineer, Electric Supply Circle, Munger. ………. Respondents. ----------- For the petitioner : Mr. S. D. Sanjay, Advocate. For the Board : Mr. Vinay Kirti Singh, Advocate. For the State : Dr. Mankeshwar Tiwari, A.C to A. A. G. -5 ------------------- 08/ 20.09.2011 Heard learned counsel for the petitioner, learned counsel for the respondent- Bihar State Electricity Board and learned counsel for the State of Bihar and its authorities. 2. This writ petition has been filed by the petitioner for the following reliefs. (i) For a direction to the respondent authorities to forward the incentive as promised by the State under the Industrial Policy, 2006, whereby and whereunder the Department of Industries has specifically provided exemption from minimum guarantee charge, irrespective of category of - 2 - consumers classified by the respondent Board. (ii) For a declaration that the Industrial Policy of the State Government is binding upon other departments and the concerned Departments cannot discriminate amongst the class of consumers as per their own interpretation. (iii) For a direction to the respondent authorities to adjust the amount, realised in excess of the actual consumption since 1.04.2006, i.e. the effective date of Industrial Policy, 2006 and adjust the same in future bills of the petitioner. (iv) For a direction to the respondent authorities that even if the electric supply is discontinued, the respondent Board cannot raise bills on the basis of minimum guarantee during the subsisting period of the Policy. (v) For quashing of the bill dated 10.04.2009 for the disconnected period as being wholly contrary to the provisions of the Industrial Policy, 2006, as also contrary to the law laid down by the superior courts and the Tariff; and for any other relief or reliefs to which the petitioner is found entitled. 3. The period in question is admittedly of February, 2009 and March, 2009 and the writ petition was filed challenging provisional bill dated 10.04.2009 by which the Bihar State Electricity Board Electric Supply, Circle Munger demanded a sum of Rs.97,73,800.00. Subsequently another provisional bill dated 23.06.2011 was issued by the Board claiming Rs.2,24,05,470.00, including surcharge for delayed payment for the same period. 4. It is not in dispute that the Industries Department, Government of Bihar issued memo.2931 dated 23.08.2011 (Annexure-21) with respect to petitioner-company in which it was held that due to non-supply of the electricity during the aforesaid period of February and March, 2009, the petitioner could not consume electricity and hence he was entitled for exemption under MMG under the Industrial Policy, 2006. Hence the Bihar State - 3 - Electricity Board, Patna was directed to act accordingly. 5. Learned counsel for the petitioner produced letter no.1957 dated 09.09.2011 issued by the Bihar State Electricity Board, Patna to the Electrical Superintending Engineer of all the circles directing that in view of the directions of the Industries Department, Govt. of Bihar, the minimum guarantee charges will not be payable for the period during which the electricity was disconnected for theft as claimed by the authorities and the said exemption would be compensated by the State Government under the Industrial Policy. 6. In the aforesaid circumstances and also in view of the memo and letter of the State Government and the Electricity Department mentioned above, this writ petition is disposed of with a direction to the respondents-authorities not to charge any amount as minimum guarantee charges or any surcharge on the said amount for the said period of February, 2009 and March, 2009 from the petitioner and if any amount has already been realised from the petitioner, the Board shall adjust the same from the future bills without unnecessary delay. Sunil (S. N. Hussain, J.)