RANCHI, India, Sept. 30 -- Jharkhand High Court issued the following order on Aug. 29:
1. 1. The instant Letters Patent Appeal under Clause 10 of the Letters Patent is directed against the Judgment/Order dated 23.07.2015, passed in C.W.J.C. No. 1593 of 2001 by this Court, whereby and whereunder the prayer made in batch of the writ petitions has been dismissed in the light of the judgment passed in C.W.J.C No. 2758 of 2000(R) with analogous cases.
2. The order impugned in present appeal is one of the orders passed in the said batch cases in C.W.J.C No. 1593 of 2001.
3. The learned counsel appearing for the appellant has submitted that the said order passed by the learned Single Judge, impugned in the present appeal with other analogues writ petitions have been challenged by filing Letters Patent Appeal being L.P.A. 305 of 2015 along with the other analogues appeals.
4. The Co-ordinate Division Bench of this Court vide Judgment dated 31.08.2024 while allowing the appeal has quashed the order passed by this Court. Consequently, all the Bills which have been impugned in the respective writ petitions were also quashed.
5. This Court has further appointed three Men Committee headed by Hon'ble Justice Amitabh Kumar Gupta retired from Jharkhand High Court, Ranchi along with two Chartered Accountants to be nominated by the Chairman of this Committee from the names given by both the parties, i.e., Board and the Consumers - to examine the calculations.
6. The directions to be passed by this Court is being referred herein:-
(a) For a direction that the respondents are not entitled to raise any bill for fuel surcharge on the basis of circular letter No. COM/FSC/805/2000/BSEB-78, Patna dated 17.03.2001 issued by the Chief Engineer (Comm.) on behalf of the Bihar State Electricity Board fixing rate of fuel surcharge for the financial year 2000- 2001 @ 244.01 p/Kwh in view of the Judgment and order dated 30.03.2001 passed in C.W.J.C. No. 2758 of 2000 by this Hon'ble Court by which such fixation of rate of fuel surcharge by the said circular letter dated 17.03.2001 has been impliedly held to be not in accordance with the direction or rework out rates of fuel surcharges from 1996-97 onwards issued by the Division Bench of Hon'ble Patna High Court vide judgment and order dated 26.06.2000 passed in C.W.J.C. No. 5542 of 1999, as admittedly, the method of calculation of rate of fuel surcharge applied in the said circular letter dated 17.03.2001 is similar to that which has been applied by the Board while fixing the rate of fuel surcharge for the financial years 1996-97, 1997-98 and 1998-99 by circular letter dated 11.07.2000 and for the financial year 1999-2000 by circular letter dated 16.08.2000 which method of calculation and the said circular letters dated 11.07.2000 and 16.08.2000 have been held to be not in accordance with the direction issued in the aforesaid Judgment and Order dated 26.06.2000 passed in C.W.J.C. No. 5542 of 1999 by the Hon'ble Patna High Court in the aforesaid Judgment and Order dated 30.03.2001, passed in C.W.J.C. No. 2758 of 2000.
(b) For quashing circular letter No. COM/FSC/805/200/BSEB/78, Patna dated 17.03.2001 issued by Chief Engineer (Comm.) on behalf of Bihar State Electricity Board fixing rate of fuel surcharge for the financial year 2000-2001 @ 244.01p/Kwh applying the same method of calculation which has applied by the Board at the time of fixation of rates of fuel surcharge for the financial years 1996-97, 1997-98 and 1998-99 vide BSEB's letter dated 11.07.2000 and for the financial year 1999-2000 vide Board's letter dated 16.08.2000 pursuant to the direction issued by a Division Bench of this Hon'ble Patna High Court in a batch of writ petitions being C.W.J.C. No. 5542 of 1999 vide Judgment and Order dated 26.06.2000, especially in view of the fact that in the writ petition C.W.J.C. No. 2758 of 2000 filed by the petitioner challenging calculation of fuel surcharge for the aforesaid financial years vide Board's aforesaid letter dated 11.07.2000 and 16.08.2000, this Hon'ble Court vide Judgment and order dated 30.03.2001 has clearly held that the aforesaid method of calculation for reworking out of the rates of fuel surcharge for the years 1996-97 onwards vide aforesaid letters dated 11.07.2000 and 16.08.2000 are not in accordance with the direction issued by the Hon'ble Division Bench of Patna High Court in the aforesaid Judgment and Order dated 26.06.2000 passed in C.W.J.C. No. 5542 of 1999.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oVz058q2ZLjDVEITM0Vw1IvI%2F%2BpPtqih6hf9sYoz0lpXEWFlcd1xnNYsmcJ3WqUb&caseno=LPA/571/2015&cCode=1&cino=JHHC010173722015&state_code=7&appFlag=)
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