Judgment

K. N. SAIKIA, J.:- This appeal by special leave is from the Judgment and Order of the High Court of Judicature at Patna, dated 10th March, 1983, in Civil Writ Jurisdiction Case No. 4581 of 1978 (reported in AIR 1983 Patna 194) allowing the writ petition and quashing the electricity bills dated 25-5-1978 and the Order dated 24-5-1978 refusing to apply the Incentive Scheme, and directing the Bihar State Electricity Board, hereinafter referred to as the Board to restore electrical connections immediately on payment of fresh bills.

2. The Board entered into an agreement on 12-8-1974 with the respondents who are partners of M/s. Alakha Rubber Industry, hereinafter referred to as the firm, to supply 100 KVA electric energy to the firm. Cl. 4(c) of the agreement read thus :

"The maximum demand charge for the supply in any month will be based on actual maximum KVA demand for the month or 75 per cent of the contract of the demand whichever is higher subject to provisions of Cl. 13. For the first 12 months service the maximum demand charge for any month will however be based on actual monthly maximum demand for that month."

During the period from August 1974 to October 1975 as many as 1