Patna High Court
M/S K.M. Sugar Mills Ltd. Factory And ... vs The State Of Bihar on 11 April, 2022
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh, Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 2215 of 2021
M/S K M Sugar Mills Ltd Factory and Works, PO Motinagar 224201 Dist-
Ayodhya (UP), through Prithu Srivaastav S/o Vasith Narayan Srivastava aged
about 41 years, R/o Vashundhra Enclave-1, NH- 08, Anmol Residency, Indra
Nagar, Lucknow, UP- 226016 Presently working as Assistant General
Manager (Administration), K M Sugar Mills Ltd, as authorised signatory.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt of Bihar, Patna.
2. The Principal Secretary, Department of Energy, Govt of Bihar, Patna.
3. The Principal Secretary, Department of Excise and Prohibition, Govt of
Bihar, Patna.
4. The North Bihar Power Distribution Company through the Managing
Director, Vidyut Bhawan, Bailey Road, Patna.
5. The Managing Director, North Bihar Power Distribution Company, Vidyut
Bhawan, Bailey Road, Patna.
6. The Superintending Engineer, Electrical, The North Bihar Power
Distribution Company, Electric Supply Division, East Champaran, Motihari.
7. The Executive Engineer, Electrical, The North Bihar Power Distribution
Company, Electric Supply Division, East Champaran, Motihari.
8. The Sub Divisional Officer (Revenue)/Revenue Officer, The North Bihar
Power Distribution Company, Electricity Supply Division, East Champaran,
Motihari.
... ... Respondent/s
Appearance :
For the Petitioner/s : M/s Rajeev Ranjan, Vikas Kumar, Advocates
For the S t a t e : Mr Kinkar Kumar, SC IX with
Ms Deepika Sharma, AC to SC IX
For the N B P D C L : Mr Vinay Kirti Singh, Sr Advocate with
M/s Vijay Kr Verma, Akhileshwar Singh, Advocates
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Patna High Court CWJC No.2215 of 2021 dt.11-04-2022
2/4
CORAM: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH
and
HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
(Per: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH)
Date : 11-04-2022
A counter affidavit is being filed on behalf of
Respondent-North Bihar Power Distribution Company Limited
(for brevity, NBPDCL), which is taken on record.
2 Heard learned counsel for the parties.
3 The petitioner is seeking a direction in the present writ
application to refund a sum of Rs 7,90,274/- which, according to
him, has arbitrarily been adjusted by the NBPDCL from his
security deposit of Rs 11,37,000/- and the interest accrued thereon.
4 This is an admitted fact that upon enactment of the
Bihar Excise (Amendment) Act, 2016, which came into force with
effect from 30.03.2016, the petitioner was forced to apply for
disconnection of the electric connection to its manufacturing unit.
The electricity supply was, admittedly, disconnected. The dispute,
in the present writ application, apparently relates to the period
01.04.2016to November, 2016.
5 In a counter affidavit, filed on behalf of the State of Bihar, sworn by its Chief Secretary, it has been stated that vide letter dated 10.02.2022 issued under the signature of Chairman Patna High Court CWJC No.2215 of 2021 dt.11-04-2022 3/4
-cum- Managing Director, Bihar State Power Holding Company Limited, a request has been made for grant of approval in respect of decision taken on 09.02.2022 for refund of the fixed charges of the petitioner-Company for the period, April, 2016 to November, 2016 and also for refund of fixed charges imposed on other consumers of NBPDCL and South Bihar Power Distribution Company Limited who had to compulsorily close their factories in view of enactment of Bihar Excise (Amendment) Act, 2016, published in the official gazette on 31.03.2016. It has further been stated in the said affidavit that in principle, it has been agreed to grant approval to the decision taken by the Distribution Companies and for that, appropriate decision/order would be passed at the earliest.
6 In the counter affidavit, filed today on behalf of NBPDCL, it has been stated that upon calculation, a total sum of Rs 7,50,810/- had been paid to the petitioner on 02.04.2022 through a cheque, which has been received by the petitioner in the presence of his learned counsel. The calculation of the determination of the amount has been brought on record by way of Annexure H series to the supplementary counter affidavit. It appears from the said annexure that the petitioner has received the amount without raising any objection.
Patna High Court CWJC No.2215 of 2021 dt.11-04-2022 4/4 7 Learned counsel for the petitioner has attempted to persuade this Court that the determination of the amount by NBPDCL, payable to the petitioner, is incorrect.
8 We are not inclined to go into such aspect of the matter as the petitioner has received the amount without raising any objection.
9 In the facts and circumstances of the case, however, we dispose of this writ application with a liberty to the petitioner to make a representation before the Managing Director, NBPDCL with calculation of the arrears including the interest, based or which it is entitled to more refund in accordance with the policy decision of the State Government. If such representation is filed, the Court expects that the Managing Director shall consider the same and dispose it of within two months from date of making of such representation.
(Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) M.E.H./-
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