JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records of the 3rd respondent in Lr.No.CE/SE/M.II/EE/O&AHS/MTPS-I/F shortcolle / D.No.957/10 dated 20.10.2010 being the consolidated order levying a penalty of Rs.34,77,608/- for the alleged short collection of fly ash for the period between April 2008 and August 2010 as also the prior demand Lr.No.CE/SE/M.II/EE/O&AHS/MTPS/F.Shortcolle/D.No.669/09 dated 05.08.2009 for April 2008 to July 2009, Lr. No. CE/SE/M. II/EE /O&AHS /MTPS /F.Short Colle/D.No. 839/09 dated 29.09.2009 for August 2009, Lr. No. CE/SE/M.II/EE /O&AHS/MTPS /F.ShortColle /D.No.780/10 dated 23.08.2010 for July 2010 and Lr. No. CE/SE/M. II/EE/O&AHS /MTPS /F.ShortColle/D.No.874/10 dated 23.09.2010 for August 2010 all of which were confirmed and formed part of the final impugned demand dated 20.10.2010 of the 3rd respondent and quash the same as illegal and arbitrary and consequently direct the 1st respondent to issue appropriate instructions to the 3rd respondent to strictly comply with the terms of the agreement between parties and not a levy and penalty for short