IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.C. No. 813 of 2011
with
W.P.C. No. 814 of 2011
1. M/s JMT Auto Ltd................. Petitioner (In WPC No. 813/2011)
2. M/s JMT Auto Ltd. (Unit2)...... Petitioner (In WPC No. 814/2011)
Versus
Jharkhand State Electricity Board & Ors.........Respondents. (In both cases)
......
Coram: Hon'ble Mr. Justice R.K.Merathia
......
For the Petitioner : Mr. S.L.Agrawal, Advocate
For the Respondents : Mr. V.K.Prasad, Advocate
......
3/19.04.2011
At the outset, Mr. V.K.Prasad, learned counsel appearing for the
respondents Jharkhand State Electricity Board, submitted that the matter
is pending before the Supreme Court and, therefore, both these cases may
be listed thereafter.
On this, Mr. Agrawal, learned counsel appearing for the
petitioner in both the cases, submitted that during pendency of these cases
at least the amount of fuel surcharge, recovered from the petitioners from
January 2004 to April 2004, may be refunded as the fuel surcharge was
itself abolished from January 2004. He submitted that this position has
been admitted in Para25 of the counter affidavit, filed on behalf of J.S.E.B.
on 11/04/2011, though it is stated that such amount will be adjusted in
consumer’s bill on proper verification. He further submitted that the
petitioners have severed their relationship with the Board from 2008 and,
thereafter, they shifted to other licensee and, therefore, adjustment will not
be practical.
The statements made in the counter affidavit could not be
disputed by Mr. Prasad. However, he submitted that it is not know whether
such amount has already been paid/adjusted or not.
In the circumstances, the respondent no. 2General Manager
cumChief Engineer, Singhbhum Area, Cooperative Building, Bistupur,
Jamshedpur is directed to refund the amount of fuel surcharge recovered
from the petitioners from January 2004 to April 2004 within four weeks
from today, if not already paid/adjusted.
For other prayer, let these cases go out of list with liberty to the
parties to mention for listing of the same after the order is passed by the
Supreme Court.
Let a copy of this order be handed over to Mr. V.K.Prasad, as
prayed.
(R.K.Merathia, J)
Mukund/