S.N.Jha, J.

1. In this batch of writ petitions the dispute relates to fuel surcharge. The validity of levy has been upheld by this Court as well as by the Supreme Court in Civil Appeal No. 6320 of 1994 and analogous cases, Bihar 440 Volts Vidyut Upbhokta Sangh vs. Chairman, Bihar State Electricity Board reported in (1997) 11 SCC 380 and that is not in issue in these cases. The dispute is only as to the method of calculation and, thus, the rate of fuel surcharge. The facts of the case may be noticed from the file of CWJC No. 5542 of 1999 which has been argued as the repre- sentative case.

2. Section 49 of the Electricity (Supply) Act, 1948 empowers the Electricity Board to frame tariff and lay down the terms and conditions of supply of electricity as it thinks fit. In exercise of the said power the Bihar State Electricity Board (hereinafter called the Board) framed tariff vide notification dated 21.6.93, published in the Bihar Gazette on 23.6.93 superseding the earlier tariff notifications dated 26.8.91 and 3.7.92. The tariff notification dated 21.6.93 is effective from 1.7.93. Under clause 16.10.1 of the said tariff the consumers of the categories specified therein are requ