ORDER :- This batch of writ petitions raises the common issue, questioning the respondents' right to recover the short charged amount of the Load Factor Rebate from the petitioners. All the writ petitions were heard together with the consent of the parties and are now being disposed of by this common judgment.

2. Reliefs prayed for in the said writ petitions, in summary, are for the following direction/order :-

(i) for setting aside the supplementary bill(s) raised towards the realizable amount of Load Factor Rebate as per the order of the Chief Engineer (Commerce and Revenue), Jharkhand State Electricity Board in the light of the revised guidelines of the Jharkhand State Electricity Regulatory Commission, Ranch (for short JSERC);

(ii) to refund the realized amount and issue current bill(s) on the basis of the Load Factor Rebate calculated by the Jharkhand State Electricity Board (for short JSEB) for more than two years before issuance of the letter dated 15th September, 2006 by the Chief Engineer (Commerce and Revenue), JSEB;

(iii) to declare that the supplementary bill(s) cannot be raised for a period beyond two years in view of Section 56(2) of the Electricity Act, 2003;

(iv) to refund the amount, which was realized by the JSEB as against the supplementary bill(s) with interest (this prayer is made in the case of M/s. Tata Steel Ltd.- W. P. (C) No. 2777 of 2007 and M/s. Dinanath Hotels Pvt. Ltd.- W. P. (C) No. 1306 of 2007); and

(v) for quashing Letter No. JSERC/01/ 388 dated 25th August, 2006 issued by the JSERC, whereby the JSERC has clarified Table 5.33 issued under its tariff order for 2003-04.

3. The writ petitioners are HTSS consumers of the Respondent-JSEB. The petitioner(s) units are billed in terms of the Tariff determined by the JSERC, which also provides for Load Factor Rebate for such consumer.

4. JSERC has been constituted under Section 17 of the Electricity Regulatory Commission Act, 1998 vide notification dated 22nd August, 2002 issued by the Department of Energy, Government of Jharkhand. JSERC became operational with effect from 24th April, 2003.

5. The Government notified the functions and duties of the JSERC as per Section 22(1) and (2) of the Electricity Regulatory Commission Act, 1998.

6. The Parliament recently enacted the Electricity Act, 2003 (Act 36 of 2003). This new legislation has been brought to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalization of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal and for matters connected therewith or incidental thereto.

7. The said Act repealed the Indian Electricity Act, 1910, the Electricity (Supply) Act, 1948 and the Electricity Regulatory Commission Act, 1998. However, the said Act has saved some of the actions taken or purported to have been done, not inconsistent with the provisions of the said Act, as enumerated under sub-section (2) of Section 185, which deals with repeal and saving.

8. The aforesaid Act 2003 recognises the State Electricity Regulatory Commission constituted under the Electricity Regulatory Commission Act, 1998.

9. In exercise of powers conferred by Section 181 of the Electricity Act, 2003, the JSERC framed tariff regulations, namely, 'Jharkhand State Electricity Regulatory Commission (Tariff) Regulations, 2003'. The JSERC in its power determined the new tariff to be applicable to the JSEB by its order dated 27th December, 2003, which was made effective from January 1, 2004. According to the said provision, the JSEB issued a tariff schedule with effect from 1st January, 2004.

10. With a view to encourage the hi

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