Letters Patent Appeal No.562 of 2000 (Against the order dated 9.3.200 passed by the learned single Judge in C.W.J.C. No. 2695 of 1998) ------ THE BIHAR STATE ELECTRICITY BOARD-------------------------- Appellant Versus NARMADA APARTMENT OWNERS ASSOCIATION & ORS.--- -Respondents ------- For the Appellant : Mr. Vinay Kirti Singh, Adv. Mr. Akhileshwar Singh, Adv. For the Respondents : None P R E S E N T THE HON'BLE MR. JUSTICE CHANDRAMAULI KR, PRASAD THE HON'BLE DR. JUSTICE RAVI RANJAN Prasad & Ranjan: JJ Respondent Bihar State Electricity Board, aggrieved by the order dated 1.3.2000 passed by the learned single Judge in C.W.J.C. No. 2695 of 1998 allowing the writ application, has preferred this appeal under clause 10 of the Letters Patent. Short facts giving rise to this appeal are that there is multi storied building in the town of Patna which consists of several flats. In the said building 87 flats have domestic connections, whereas 24 flats have commercial connections with separate meters. Separate meter is also installed for common area. The Bihar - 2 - State Electricity Board raised energy bill of the common area of the multi storied building at commercial rate. This was objected to by the association of the flat owners by filing the writ application, which has given rise to the impugned order. Question before the single Judge was as to whether the supply of electricity for the common area of multi storied building would attract bill of commercial rate or at the lower rate for domestic purpose. The Board contended that earlier the builder had taken connection for non-domestic category and so long its nature is not changed, the board is entitled to realize energy charge at the commercial rate for the common area. The aforesaid plea put forth by the board did not find favour with the learned single Judge and it held that tariff notification dated 23.6.1993 making amendment in the tariff retrospectively will govern the case. The aforesaid tariff notification provide as follows: “The rates applicable to domestic category of tariff shall also apply for consumption of electric energy in „common area‟ of multi storied buildings.” In view of aforesaid, the view taken by - 3 - the learned Single Judge that rate chargeable for the common area will be that of domestic rate can not be said to be erroneous. Appellant‟s contention that the line continued as commercial connection and, therefore, the consumer shall be liable to pay charges at commercial rate did not find favour with the learned single Judge and it observed that though the prayer was made to convert the same into a domestic connection, no action was taken. Accordingly it concluded that domestic category of tariff shall apply for consumption of electric energy in common area in the multi storied building. We do not find any error in the same so as to call for interference in the present appeal. Appeal stands dismissed. (Chandramauli Kr. Prasad, J) (Dr. Ravi Ranjan, J) Patna High Court 10th Sept. 2008 Rahman/NAFR - 4 -