IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1242 of 2010 In Civil Writ Jurisdiction Case No. 6268 of 2009 ====================================================== 1. The Bihar State Electricity Board Vidyut Bhawan, Bailey Road, Patna Through Its Chairman, The Appellant Are Represented Through The Legal Officer Of The Bihar State Electricity Board Posted As Its Office At Vidyut Bhawan, Bailey Road, Patna 2. The General Manager-Cum-Chief Engineer, Patna Electric Supply Undertaking Mangles Road, Patna, The Appellant Are Represented Through The Legal Officer Of The Bihar State Electricity Board Posted As Its Office At Vidyut Bhawan, Bailey Road, Patna 3. The Electrical Superintending Engineer, Patna Electric Supply Undertaking (East) Shivalaya Market, Ashok Rajpath, Patna, The Appellant Are Represented Through The Legal Officer Of The Bihar State Electricity Board Posted As Its Office At Vidyut Bhawan, Bailey Road, Patna 4. The Electrical Executive Engineer, Gulzarbagh, Electric Supply Division, Gulzarbagh, Patna Electric Supply Undertaking , Patna, The Appellant Are Represented Through The Legal Officer Of The Bihar State Electricity Board Posted As Its Office At Vidyut Bhawan, Bailey Road, Patna 5. The Assistant Electrical Engineer, Meena Bazar, Patnacity, Patna Electric Supply Undertaking (East )Patna ….Respondents .... Appellant/s Versus 1. Kumar Pankaj S/O Shri Braj Bhushan Prasad R/O Sheochakmaal, Mahendiganj, P.S.Bye-Pass, Patnacity, Distt-Patna ….Petitioner .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr Lalit Kishore, Sr. Advocate Mr. Prakash Kumar, Advocate For the Respondent/s : Mr. Suraj Samdarshi, Advocate ====================================================== 6 07-12-2011 Heard the parties. The main thrust of the arguments advanced on behalf of the appellant Board is based upon Annexure- A to the supplementary affidavit which contains a circular letter dated 21.10.2008 issued by the Board in respect of granting concession/ Patna High Court LPA No.1242 of 2010 (6) dt.07-12-2011 2 relief under the Industrial Promotion Policy 2006 framed by the State Government. According to that circular, it has been submitted that relief from AMG or MMG charges were not to be given to such consumers who tamper with meters and then raise such claims. The electric supply line of the respondent consumer was disconnected on 3.12.2008 and hence, the plea raised on behalf of the Board that exemption from Annual Minimum Guarantee charge could not have been allowed in favour of the writ petitioner requires serious consideration. Another plea raised on behalf of the Board is that in an earlier writ petition preferred by the writ petitioner, the electricity bill by which minimum guarantee charges have been leveled was assailed and partial relief was granted to the writ petitioner that against 60 lakh and odd, he could deposit only 6 lakh for getting reconnection and rest of the bill amount would become payable only after conclusion of the criminal case filed against the writ petitioner. According to leaned counsel for the Board, that aspect of the matter has not been considered by the Writ Court. On going through the order under appeal, it is found that the only issue considered is exemption from minimum guarantee charges under the Industrial Policy of 2006 of the State Patna High Court LPA No.1242 of 2010 (6) dt.07-12-2011 3 of Bihar and not the other issues noticed above. In our considered view, the aforesaid two issues also need consideration by the Writ Court. On that account, the order under appeal is set aside and the matter is remitted to the Writ Court for fresh decision in accordance with law after hearing the parties. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)