G. Anupama Chakravarthy, J.—The petitioner has filed the present writ application for the following reliefs:—

(i) To issue an appropriate writ/order/direction in the nature of certiorari for quashing the monthly energy bills dated 5.8.2008, 5.9.2008 & 6.10.2008 for the month of July, August and September 2008 issued to the petitioner company and to rectify and prepare the said monthly energy bills in terms of Clause-11.4(b) of the Bihar Electricity Supply Code- 2007 (here in after referred to as the 'Code') read with Clause 7 of the Chapter Terms and Conditions of HT Tariff of the Tariff order issued on 29.11.2006 by Bihar Electricity Regulatory Commission, applicable w.e.f. 1.11.2006 on the consumers of Bihar State Electricity Board, (hereinafter Referred to as the 'Board') treating the meter of the Petitioner factory as defective meter.

(ii) To further issue an appropriate writ/order/direction in the nature of certiorari for quashing the bill dated 9.7.2008 raised by the Board in terms of Clause 11.4 Read with Annexure-7 of the Code, wherein the Board without ascertaining the period under Section 126(5) of the Electricity Act 2003, have wrongly raised the bill considering the number of days as 167 days whereas the number of days ought to have been only 41 days.

(iii) To issue an appropriate writ/order/direction in the nature of Mandamus commanding the respondents to refund or adjust the excess amount of monthly energy bills for the month of July, August & September 2008 and that of provisional bill raised under Clause 11.4 of the Code with interest to the petitioner company.

(iv) To any other relief or reliefs for which the petitioner is entitled.

2. The brief facts culled out of petition are that the petitioner is a company incorporated under the Indian Companies Act, and is engaged in the business of manufacture and sale of M.S.Ingots & Iron Rods and has its induction furnace and rolling Mill at Mahadeopur, Bihta, Patna. The petitioner has taken electrical connection from the Bihar State Electricity Board, which comes under HTSS Category of consumer having connection No. BT/3540 and having 12141 KVA contract demand at 33 KV. That on 17.1.2008 electronic energy meter of Secure make was installed in the factory of the petitioner, by the Board and from the installation and commissioning certificate dated 17.1.2008 it is transpired that the meter was in working position. It is further submitted that the Board officials tested the meter on 21.5.2008 before changing the software in the meter and the meter was found to be working properly, no abnormality was found during the said test, according to the Inspection report dated 21.5.2008 of the High Powered Team of the Board. After the change of software, the meter was again tested and was found in working condition and till 21.5.2008. The petitioner after taking notice of news paper publication of the Board, in regard to voluntary declaration and apprehending unnecessary harassment by the Board officials, offered voluntary declaration in terms of Clause 11.4 of the Code vide letter dated 1.7.2008. Subsequent to the petitioner's voluntary declaration, the Board was to act in terms of Clause 11.4 of the Code and they were required to raise bills in terms of Annexure-7 of the Code.

3. It is further submitted that in case of defective meter, as per Clause 7 of the Tariff, till defective meter is replaced the consumption will be assessed and billed on an average consumption of last 12 months, from the date of Meter being out of order. Such consumption shall be treated as actual consumption for all practical purposes including calculation of electricity duty until the meter is replaced/rectified. The case of the petitioner is that from 1.7.2008 to 3.09.2008, till the meter was replaced, the energy bill should have been sent as per the procedure for defective meters as specified in the Tariff Order in terms of Clause 11.4(b) of the Code. The Voluntary declaration was made by the petitioner on