M.Y. Eqbal, J.

1. Heard Mr. Rajendra Prasad learned counsel for the petitioner and Mr. V.P. Singh, learned counsel for the Jharkhand State Electricity Board,

2. Before admitting of this writ petition, a Bench of this Court by order dated 30,4.2003 while hearing the matter at the admission stage formulated two questions which arose consideration :

(i) Whether the State Electricity Board has jurisdiction to give retrospective effect to a tariff notification or not as given vide Notification gazetted on 6th April, 2000 (Annexure 10); and

(ii) Whether any clause of an agreement (Clause 13 of H.T. agreement herein) stands automatically deleted in pursuance of Boards decision or letter No. 150 dated 3rd April, 2000 or not in absence of a fresh agreement between the parties to delete such clause of the agreement."

3. Petitioner is aggrieved by the order dated 12.2.2002 passed by the General Manager-cum-Chief Engineer rejecting the claim of the petitioner made under Clause 13 of the H.T. Agreement on the sole ground that by virtue of the new tariff notification in respect of Induction Furnace Clause 13 of the H.T. Agreement stood automatically deleted.

4. Petitioner-industry is engaged i