IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11887 of 2007 SHIV SHANKAR PRASAD SAH Versus THE STATE OF BIHAR & ORS ----------- 3 5.3.2010 Heard learned counsel for the parties. Petitioner is a consumer of Bihar State Electricity Board. For certain outstanding dues due to non-payment of electrical supply and consumption a Certificate Case No. 7/95-96 came to be instituted. A direction was issued to the petitioner to pay the amount or the claim made under the certificate based on the requisition filed on behalf of the respondent. On 4.10.2006 the respondents Electricity Board issued an advertisement for One Time Settlement to facilitate settlement of chronic cases of default or dues. The claim of the petitioner is that in terms of the said scheme even he is entitled to certain rebate despite the certificate case but he has not been granted any relief and therefore the present writ application. The stand of the respondents is that the petitioner is not entitled to any relief under One Time Settlement Scheme because in terms of the said scheme the rebate is to be granted on Delayed Payment Surcharge (DPS) and not on actual consumption. When the certificate case was filed there was outstanding dues of Rs. 1,51,047.06 paise. The petitioner had already cleared and paid up the DPS component. If there is no D.P.S. outstanding against the petitioner then on coming of the OTS scheme no rebate can be extended to him. It can not be the - 2 - case of the petitioner even in absence of DPS component to grant rebate on the actual bill based on consumption. There is no denial any kind to the submission and statement made in the counter affidavit by the respondents. The Court have also perused the OTS scheme which the petitioner has brought on record. The OTS scheme is with regard to waiver of DPS and not on actual consumption. If what has been stated by the respondents is correct that there are no DPS component outstanding against the petitioner, then obviously the said scheme has no application in the case of petitioner. This writ application therefore has no merit. It is dismissed. If there is any accounting dispute on the said position that can be clarified, if the petitioner seeks any clarification. RPS (Ajay Kumar Tripathi,J.)