Lalan Prasad Gupta vs The Chairman, Bihar Electricity Board and Another

G.C. Bharuka, J.—The Petitioner in the present case is a consumer of electricity having a low tension electric connection. It appears that for the month of March 1986 and subsequent period till August, 1986, the meter of the Petitioner was out of order. Accordingly pursuant to a resolution and decision of the Electricity Board dated 16.2.87, the Petitioner was served with electricity bill on the basis of 30% load factor.

The grievance of the Petitioner is that the Electricity Board has no authority to raise bills for electric charges on the basis of 30% load factor. Identical; contentions raised in quite a number of writ applications by other consumers have been decided by this Court and it has been held that the decision and resolution of the Board cannot be applied retrospectively. One of the reported cases in this regard is Steel Co. v. Bihar State Electricity Board 1988 BLT 326.

In this view of the matter, I hereby direct that the Respondent Electricity Board is not entitled to raise any electricity bill on the basis of 30% load factor atleast till the period 16.2.87 i.e. the date on which a resolution to this effect was passed.

The writ petition is accordingly disposed of. I may clarify that it will be open for the Electricity Board to raise bill, for this period on the basis of three months average as provided under the respective agreement as also the notification of the Government published in 1954. There will be no order as to costs.