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2015 Supreme(Jhk) 443

PRASHANT KUMAR
Tata Yodogawa Ltd. – Appellant
Versus
Bihar State Electricity Board – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Rajiv Ranjan, Mrs. A.R. Choudhary (in 1515); Mr. J.P. Pasari (in 2647); Mr. Biren Poddar, Mrs. A.R. Choudhary (in 2757, 3107), Mr. M.S. Mittal, Mr. Shilpi John (in 2758, 3045, 1503); Mr. J.K. Pasari (in 2887).
For the Respondents- JSEB: M/s Ajit Kumar, Navin Kumar, Arjun Lal-2, R.K. Singh (in 1503, 2887).
For the Respondent BSEB: M/s Manoj Tandon, Shiv Shankar (in 2758, 1515, 2647, 2757, 3045, 3107).

JUDGMENT

Prashant Kumar, J.-In these writ applications, petitioners pray for quashing the Circular No. 345, dated 11.7.2000, by which the rate of fuel surcharge have been fixed for the financial years 1996-97, 1997-98 and 1998-99 in compliance of the Judgment dated 20.6.2000 (sic-26.6.2000?) of the Division Bench of Patna High Court delivered in M/s Pulak Enterprises and analogous cases?. Petitioners further pray for quashing the Circular No. 428, dated 16.8.2002, by which the provisional rate of fuel surcharge has been fixed for the financial year 1999-2000. In some of the cases, petitioners pray for quashing the Circular No. 78, dated 17.3.2000, whereby the rate of fuel surcharge for the, financial year 2000-01 has been fixed. Petitioners also pray for quashing the supplementary bills annexed in their writ applications, whereby fuel surcharge levied on the basis of revised rate fixed by the aforesaid Circulars. Petitioners further pray for a direction commanding the respondents to re-work out the rate of fuel surcharge.

2. It is relevant to mention that decision of Bihar State Electricity Board (B.S.E.B.) to levy fuel surcharge was initially challenged in Bihar 440 Volts Vidyut Up






































































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