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2024 Supreme(Jhk) 402

SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
M. B. Enterprises – Appellant
Versus
Jharkhand Urja Vikas Nigam Ltd, (earlier known as Jharkhand State Electricity Board) – Respondent


Advocates Appeared:
For the Appellant :Mr. M.S. Mittal, Sr. Advocate.
For the Respondents: Mr. Mrinal Kanti Roy.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer:

1. The instant appeal under clause 10 of the letters patent is directed against the order/judgment dated 30.04.2015 passed by the learned Single Judge in W.P.(C) No. 4087 of 2010, whereby and whereunder, the writ petition has been held to be not maintainable on the ground of availability of appeal to be filed under Section 127 of the Electricity Act, 2003.

Facts:

2. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated herein, reads as under:

The petitioner/appellant Firm is having its factory at Adityapur, Jamshedpur and is having a Low-Tension electrical connection granted by the Jharkhand State Electricity Board. The said factory took electricity connection from Jharkhand State Electricity Board under low tension industrial tariff having a sanctioned load of 105 HP.

The Electricity Board used to send bills to the petitioner/appellant from time to time in the relevant category of LTIS Tariff and the same has been all along paid.

Thereafter, the Energy Department of the Government of Jharkhand issued a notification under Section 78A of the Electricity Act, 2003 on 13.08.2002 Clause 4 of which d

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