JUDGMENT

Dr. Arijit Pasayat, J.—

1. Leave granted in Special Leave Petitions.

2. These appeals are directed against the common judgment of the Patna High Court allowing the batch of writ petitions. The dispute relates to fuel surcharge. The validity of levy has been upheld by this Court in Bihar State Electricity Board and Anr. v. Bihar 440 Volt Vidyut Upbhokta Sangh and Ors.1 (1997 (11) SCC 380). Therefore, the dispute before the High Court related to method of calculation and in substance the rate of fuel surcharge.

3. The Board has its own power generation units namely, Patratu Thermal Power Station, Barauni Thermal Power Station and Muzaffarpur Thermal Power Station. The power generating from these units is not sufficient and, therefore the Board purchased from other sources in order to meet the requirements of power supply to its consumers. The sources from which the Board purchases power are Damodar Valley Corporation, National Thermal Power Corporation, Tenughat Vidyut Nigam Ltd., Uttar Pradesh Electricity Board, Orissa State Electricity Board, Power Grid Corporation of India Ltd. According to the Board, the power purchased from outside sources forms the bulk of the total po