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Judgment
S.J. Mukhopadhaya, J.—The writ petition has been preferred by J.N. Hotels Pvt. Limited against circular dated 11th July, 2000 & 16th August, 2000 issued by the then Bihar State Electricity Board whereby the Board fixed revised rates of fuel surcharge for the period 1996-97 to 1999-2000. It is stated to have been issued in compliance of direction of Patna High Court in the case of Pulak Enterprises Vs. The Bihar State Electricity Board and Others, . By the aforesaid circulars the Board recalculated the rate of fuel surcharge for the aforesaid period and subsequently raised supplementary bills.
According to petitioner the circular dated 11th July, 2000 and 16th August, 2000 have not been issued as per decision of Patna High Court in the case of M/s Pullak Enterprises (supra).
It was brought to the notice of the Court that the circulars dated 11th July, 2000 and 16th August, 2000 have already been challenged by others before this Court in CWJC No. 2757/2000 and 2758/2000, which are pending hearing before this Court.
In the circumstances as suggested by the parties instead of keeping this case pending, the writ petition is disposed of with the following observation.
If the petitioner has deposited fuel surcharge as per interim order dated 19th September, 2000 passed in the present case, the respondents will not take any coercive step against petitioner till the final decision of CWJC No. 2757/2000 & CWJC No. 2758/2000. However, this interim arrangement shall not be applicable in respect to other dues & arrears, if any, including current bill. The petitioner will also be governed by the decision as may be rendered by this Court in CWJC No. 2757/2000 and analogous cases and may raise objection, if not satisfied.
The writ petition stands disposed of with aforesaid liberty.