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A. ABHISHEK REDDY
Magadh Sugar and Energy Ltd. – Appellant
Versus
Bihar State Electricity Board – Respondent
A. Abhishek Reddy, J. – Heard the learned counsel for the parties.
The present writ petition has been filed for the following relief(s): –
“(i) To issue a writ/order/ direction in the nature of certiorari for quashing the letter no. 166 dated 11.10.2021 issued under the signature of the Chief Engineer (Commercial), South Bihar Power Distribution Company Ltd. addressed to the Electrical Executive Engineer, Transmission Division Gopalganj and copy forwarded to the petitioner in terms of which relying upon the letter of the Chief Engineer (Commercial) NBPDCL no. 303 dated 14.10.2020 transmission loss has been directed to be calculated and deducted and that further direction given that till the bill meters are installed as the grid sub-station, the invoices from September onwards will be admitted only after adjustment of applicable transmission loss of 132 KV and even, all previous invoices to be readmitted taking account of transmission loss including the upcoming monthly bills to be verified only after adjustment of applicable transmission loss. (Annexure-5 Pg.118).
(ii) To issue a writ/order/ direction in the nature of certiorari for quashing the letter no. 303 dated 14.10.2020 issued
The court upheld that a voluntarily entered agreement for billing practices, despite subsequent legislative changes, remains binding on the parties involved unless proven otherwise.
The liability for the electricity bill remains with the consumer despite assessors' errors; however, relief can be granted by allowing installment payments.
The court emphasized the necessity of framing the issue of limitation, stating it is fundamental to jurisdiction; failure to assess it leads to a quashed decision.
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