Judgment

K. N. SAIKIA, L:- This appeal by special leave is from the judgment of the High Court of Judicature at Patna dated May 22, 1986 in Civil Writ Jurisdiction Case No. 1915 of 1986 quashing the bills issued by the appellants demanding minimum guaranteed charges from the respondents.

2. The appellants Bihar State Electricity Board, Patna, hereinafter referred to as the Board, entered into an ageement with the respondent-M/s. Green Rubber Industries, a partnership firm, hereinafter referred to as the firm, on the latters application dated 26th July, 1978, for supplying the electricity of 60 KVA and on 13-4-1981 gave electricity connection. The firm later applied that it may be given 45 KVA instead of 60 KVA and it deposited the requisite sum of Rs. 2,700/- and a fresh agreement was executed on May 2, 1981. On May 29, 1981 the firm was given fresh connection of 45 KVA. According to the firm it requested the Board on 19-6-1981 to cutoff the connection. The firm received the bills for minimum guaranteed charges for the months of June, July, August and September, 1981, though according to it no electricity was consumed by it during that period. According to the Board on failure to pay