ORDER

1. Bunch-petitions under Article 226 of the Constitution, challenging the validity of tariff notification of 1993 issued by the Bihar State Electricity Board (the Board) were filed before the High Court. The High Court by a consolidated judgment dated 18-4-1994 disposed of the petitions. These appeals/special leave petitions by the consumers and the Board are against the judgment of the High Court.

2. The High Court on the basis of the contentions of the parties culled out fourteen issues for its consideration. The issues are as under :

(a) Whether Sections 49 and 59 of the 1948 Act are ultra vires the Constitution of India ?

(b) Whether the 1993 tariff is ultra vires Article 14 of the Constitution of India, read with Sections 49 and 59 of the 1948 Act ?

(c) Whether the Board has been acting in a most efficient and economical manner as contemplated under Section 18(a) of the 1948 Act and if it be not so, whether the 1993 tariff is liable to be struck down on that ground alone ?

(d) Whether this Court can issue any direction to the Board to improve its generation capacity as also to act in an efficient and economical manner ?

(e) Whether the levy of the minimum guarantee charg