Patna High Court - Orders
M/S. Magadh Industries Pvt. Ltd., vs The State Of Bihar on 10 June, 2020
Author: Vikash Jain
Bench: Vikash Jain
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6170 of 2020
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M/S. Magadh Industries Pvt. Ltd.,
... ... Petitioner
Versus
The State of Bihar and Ors.
... ... Respondents
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Appearance:
For the Petitioner : Ms. Parul Prasad, Advocate
For Resp. No. 4 to 7 : Mr. Umesh Prasad Singh, Sr.Adv
Mr. Vinay Kirti Singh, Sr. Adv
For the State : Mr. Gyan Prakash Ojha, GA 7
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
2 10-06-2020This matter has been taken up for hearing through video conference.
2. The petitioner is aggrieved with respect to the electricity bill for the month of April, 2020, during which period electricity was not consumed as the factory of the petitioner did not run owing to the statutory order of lockdown in the backdrop of Covid-19; as well as the electricity bill for the month of March, 2020 wherein the maximum demand charge has been levied for the entire month even though the industrial unit of the petitioner was prevented from functioning for a part of the month; and for connected reliefs.
3. Without going into the merits of the matter in detail, this Court takes note of the submission of all parties that a number of similar matters have come up before this Court in which interim orders have been passed by various Benches.
4. Mr. Umesh Prasad Singh, Learned Senior Counsel for the respondent-Power Company, submits that a policy decision is likely to be taken by the State Government in consultation with the Central Government for being applied uniformly with respect to all concerned establishments on the issue of payment of Patna High Court CWJC No.6170 of 2020(2) dt.10-06-2020 2/2 maximum demand charges.
5. In the above view of the matter, this Court is of the view that the Union of India be impleaded as party-respondent in this case. Let the office take steps for impleading the Union of India, through The Secretary, Ministry of Power, Government of India, New Delhi as respondent no. 8. Let the office supply a copy of the writ petition to learned A.S.G. through email by 15.06.2020.
6. Let respective counter affidavits be filed on behalf of all the respondents.
7. Till further orders, the respondent-Power Company shall not insist for payment of maximum demand charges in respect of the electricity bill for the month of April, 2020. It is however made clear that the petitioner shall make payment of the actual consumption charges and any other charges raised in the said bill within a period of two weeks from today.
8. Considering that similar matters are already pending consideration before this Court, let this case be listed along with CWJC No. 5682 of 2020 (M/s Dadiji Steels Pvt. Ltd. vs. The State of Bihar and Ors.) before an appropriate Bench after obtaining orders of Hon'ble the Chief Justice.
(Vikash Jain, J) Chandran/-
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