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1992 Supreme(Pat) 203

BINOD KUMAR ROY, S.B.SINHA
Bihar State Electricity Board – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.B.Sinha, J.

1. This writ application is directed against an order dated 6-2-1991 passed by the Electrical Inspector, Bihar as contained in Annexure-1 to the writ application, whereby and whereunder the said authority being of the opinion that the maximum demand of the petitioners should be reduced from 183 KVA, directed that the petitioners would make necessary arrangements for raising further bills in accordance with the existing tariff.

2. The fact of the matter lies in a very narrow compass.

3. The petitioner No. 1 is a statutory body constituted under Sec. 5 of the Electricity (Supply) Act, 1948 and is a body corporate in terras of Sec. 12 thereof. The respondent No. 3 is also a statutory body having been constituted and incorporated under Bihar Fruits and Vegetables Development Corporation Act.

4. The respondent No. 3 Corporation entered into an agreement with the petitioner No. 1 for taking supply of high tension electrical energy at a contract demand of 183 KVA on or about 25th February, 1985 which is contained in Annexure-A to the counter-affidavit filed on behalf of the respondent No. 3 and 4.

5. According to the petitioners, the installed capacity at the premise



































































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