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IN THE HIGH COURT OF JHARKHAND AT RANCHI

(CIVIL WRIT JURISDICTION)

W.P. (C) No. 1941/2010

M/s Central Coalfields Ltd. … … Petitioner

Versus

JSEB & Ors. … Respondents

------

SUPPLEMENTARY COUNTER AFFIDAVIT ON BEHALF

OF THE RESPONDENTS

------

I, Arun Kumar Srivastava, Aged about- 54 years, Son

of late Sri R.K. Lal, resident of –Gas Godown Road ,

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P.O. & P.S. - Namkum, District - Ranchi, Jharkhand,

do hereby solemnly affirm and state as follows:-

1. That I am presently working as Sr. Manager (Law),

Jharkhand Bijli Vitran Nigam Ltd. and as such, I

am well acquainted with the facts and

circumstances of the case.

2. That it is submitted that the present deponent is

duly authorized to file the present affidavit on

behalf of Respondent company i.e. Jharkhand Bijli

Vitran Nigam Ltd. on the basis of information and

documents forwarded by the Electrical

Superintending Engineer (Electric Supply Circle),

Ranchi vide memo no. 20 dated 04.01.2022, a copy

of which received on 24.01.2022

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3. That the present supplementary counter affidavit is

being filed in the light of order dated 17.12.2021

passed by this Hon’ble Court whereby this Hon’ble

Court considering the submission made on behalf

of JSEB(JUVNL) granted time to file detailed

supplementary counter affidavit with regard to the

prayer made by the writ petitioner.

4. That previously a counter affidavit has been filed by

JSEB on 11.05.2021 followed by a supplementary

counter affidavit on 04.08.2011 bringing on record

the joint meeting held on 16.07.2011.

5. That the petitioner has approached this Hon’ble

Court for the following reliefs :-

a. To issue appropriate writ in the nature of

certiorari for quashing the bill dated 01.08.2009

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and onwards raised by the respondents

authorities, as contained in Annexure-4 to this

writ application, imposing a penalty without any

application of mind.

b. To issue further appropriate writ in the nature of

certiorari for quashing Letter No. 1516 dated

27.08.2009 issued under the signature of the

Electrical Superintending Engineer, Electric

Supply Area, Ranchi, Respondent no.2, as

contained in Annexure-7 to this writ application,

whereby and whereunder, the representation

filed by the petitioner has been rejected;

c. To issue appropriate writ, order or direction on

the respondents, directing them to sanction the

electricity connection of the petitioner under

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DSHT Category on the basis of the application

made by the petitioner dated 31.10.2007

alongwith requisite fee;

d. To issue further appropriate writ, order or

direction on the concerned respondents to

provide a monthly rebate on the actual

consumption of electricity by the outside

consumers whom the Respondent-Jharkhand

State Electricity Board is illegally supplying

electricity energy through LDLT Feeder of the

petitioner and the removal of these connections

from CCL LT Feeder GNC: and

e. Any other relief or reliefs as your Lordships may

deem fit and proper for which the petitioner is

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very much entitled under the facts and

circumstances of the case.

6. That with respect to prayer made by the petitioner

it is stated and submitted that the distribution

licensee under clause 5 of Section 42 of the Indian

Electricity Act, 2003 has already established a

forum for redressal of grievances of the consumers

in accordance with the guidelines as may be

specified by State Commission.

7. That all disputes relating bills are to be adjudicated

by the forum therefore, the CCL instead of invoking

the writ jurisdiction of this Hon’ble Court ought to

have approached the forum by presenting

appropriate petition with respect to the bills and

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connecting grievances so, on the sole ground the

writ petition deserves to be dismissed.

8. That in connection with bill dated 03.08.2009,

having challenged by the petitioner it is stated the

bill dated 03.08.2009 total amounting to Rs.

71,996.00 (Seventy One Thousands Nine Hundred

Ninety Six) only was raised in accordance of the

Section 126 of Indian Electricity Act, 2003, for

which assessment was made on the basis of

exceeding 115% of the sanctioned load up to June,

2009, which comes under availing excess load

against Contract Demand. The consumer was also

requested for enhancement of load against the

consumer no: KY02 from 500 KVA to 625 KVA.

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Photocopy of letter no.

1314 dated 03.08.2009 is

herewith annexed and

marked as Annexure-

SCA-1 to this affidavit.

9. That similarly with respect to Letter No. 1516

dated 27.08.2009 which is also under

challenge, it is stated that the noted letter was

in connection of the bills sent to the consumer

vide this office letter no:- 1309 dated

03.08.2009, 1313 dated 03.08.2009 & 1314

dated 03.08.2009 of the Consumer Nos. R-02

GK-877 & KY-02. The bill amount were Rs.

26,41,949.00, Rs. 83788.00 & Rs. 71996.00 of

the consumers noted respectively. The bill

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amounts were assessed for overdrawal of

maximum demand exceeding 115% of contract

demand as per Board Circular No.- 531 dated

29.01.2009.

Photocopy of the letter

no. 1516 dated

27.08.2009 is herewith

annexed and marked as

Annexure-SCA-2 to this

affidavit.

10. That regarding prayer no. C, i.e. sanctioning of

DSHT Electric Connection on the basis of the

application made on dated 31.10.2007 it is

stated and submitted that in this regard as

per the minutes of meeting held in the

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chamber of Member (D) on dated 21.10.2020,

it was noted that the application form

submitted by M/s CCL to this effect was not

properly filled due to which no action could be

taken and so CCL Officials submit a fresh

application duly filled in for DSHT Connection.

Photocopy of the minutes

of meeting dated

21.10.2010 is herewith

annexed and marked as

Annexure-SCA-3 to this

affidavit.

- In reference of the same M/s CCL through

its General Manager (E&M), applied for a

DSHT Tariff Connection of 600 KVA Load

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and accordingly the same was sanctioned

vide T.O. Letter No. 1547 dated 30.10.2010.

Photocopy of the letter

no. 1547 dated

30.10.2010 is herewith

annexed and marked as

Annexure-SCA-4 to this

affidavit.

- M/s CCL deposited the requisited Security

Amount Rs. 5,39,280.00 (Rs. Five Lakh

Thirty Nine Thousand Two Hundred Eighty)

only vide M.R. No. JB 876326 dated

05.01.2011.

- MC CCL also executed an agreement on

dated 26.05.2011.
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Photocopy of the

agreement is herewith

annexed and marked as

Annexure-SCA-5 to this

affidavit.

- The Installation Certificate from the

Electrical Inspector GOJ was not made

available which the energisation of DSHT

Connection was pending and the same was

made not consumer in the meeting held on

dated 26.05.2011.

Photocopy of the minutes

of meeting held on

26.05.2011 is herewith

annexed and marked as

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Annexure-SCA-6 to this

affidavit.

- The said connection was energized on

30.12.2011 after due completion of

formalities the then prevailing rules.

- The connection is running in DSHT Tariff

against the Consumer no- GK4658.

11. That with respect to disconnection of

electricity connection given through LT Feeder

of M/s CCL it is stated and submitted that

this office letter no. 1140 dated 07.05.2011

addressed to G.M. Cum CE ESA, Ranchi and

(C&R) JSEB which may be read as “All the

connections of outside C.C.L. area has been

separated from CCL power supply system of

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Gandhi Nagar HT Consumer No:- GK877 w.e.f.

31.01.2011 and the same has been accorded

in HT Energy Bill of HT Consumer No.- GK877

from the Energy Bill of February- 2011 and

CCL has made payment of the bill. No pending

work left on this account.

Henceforth the claim was settled on

31.01.2011.

Photocopy of the letter

no. 1140 dated

07.05.2011 is herewith

annexed and marked as

Annexure-SCA-7 to this

affidavit.
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In this regard the available documents

pertaining to course of action in line of the

orders of Hon’ble High Court of Jharkhand,

Ranchi in the matter of W.P.(C) No.- 1941

dated 2010 is as below:-

i. Minutes of meeting held on 21.10.2010

with CCL Officials and Member (D) JSEB,

Ranchi.

ii. Initiation of Opportunity of hearing vide

this office letter no.- 2520 dated

25.10.2010.

Photocopy of the letter

no. 2520 dated

25.10.2010 is herewith

annexed and marked as

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Annexure-SCA-8 to this

affidavit.

iii. Proceedings of hearing dated 30.10.2010.

Photocopy of the hearing

dated 30.10.2010 is

herewith annexed and

marked as Annexure-

SCA-9 to this affidavit.

iv. Proceedings of hearing dated 15.11.2010.

Photocopy of the hearing

dated 15.11.2010 is

herewith annexed and

marked as Annexure-

SCA-10 to this affidavit.

v. Minutes of meeting dated 01.12.2011.

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Photocopy of the minutes

of meeting dated

01.12.2011 is herewith

annexed and marked as

Annexure-SCA-11 to this

affidavit.

vi. This office letter no. 831 dated

21.05.2011.

Photocopy of the letter

no. 831 dated 21.05.2011

is herewith annexed and

marked as Annexure-

SCA-12 to this affidavit.

vii. Proceedings of hearing dated 26.05.2011.

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Photocopy of the hearing

dated 26.05.2011 is

herewith annexed and

marked as Annexure-

SCA-13 to this affidavit.

viii. Final order of Assessment dated

03.12.2011.

Photocopy of the

assessment order dated

03.12.2011 is herewith

annexed and marked as

Annexure-SCA-14 to this

affidavit.
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ix. The copies of bill for the billing month of

November 2021 of the Consumer No. R-

02, GK877, KY-02 & GK-4658.

Photocopy of bills are

herewith annexed and

marked as Annexure-

SCA-15, 16,17 & 18 to

this affidavit.

12. That the present CMD, JUVNL after gaining

information about the order of this Hon’ble Court

dated 17.12.2021 is taking all efforts to get the

dispute settled.

13. That this Hon’ble Court is also accordingly prayed

to call upon the CCL also to file an affidavit

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explaining in detail about their stand and intention

to settle the dispute with JUVNL.

14. That the answering respondents reserve their right

to file a detailed counter affidavit.

15. That this supplementary counter affidavit is being

filed bonafide and in the interest of justice.

16. That I have gone through the contents of the

counter affidavit and have fully understood the

same.

17. That the statements made in para nos.

are true to my knowledge, those made in

para nos. are based

upon information derived from the records of the

case and rests are by way of submissions before

this Hon’ble Court.

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18. That the annexures are the

photo/true/type/certified copies of its respective

original.

Verified, Sworn and Signed this Affidavit on

_______ the day of February, 2022.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

(CIVIL WRIT JURISDICTION)

W.P. (C) No. 1941/2010
M/s Central Coalfields Ltd. … … Petitioner
Versus
JSEB & Ors. … Respondents
SUPPLEMENTARY COUNTER AFFIDAVIT ON BEHALF OF THE
RESPONDENTS
INDEX
Sl. Annexures Particular of papers Page

Nos. Nos.

1. Supplementary Counter 1-15

Affidavit

2. Annexure-SCA-1 Photocopy of letter no. 1314

dated 03.08.2009.
3. Annexure-SCA-2 Photocopy of the letter no. 1516
dated 27.08.2009.
4. Annexure-SCA-3 Photocopy of the minutes of
meeting dated 21.10.2010.
5. Annexure-SCA-4 Photocopy of the letter no. 1547
dated 30.10.2010.
6. Annexure-SCA-5 Photocopy of the agreement.

7. Annexure-SCA-6 Photocopy of the minutes of

meeting held on 26.05.2011.
8. Annexure-SCA-7 Photocopy of the letter no. 1140
dated 07.05.2011.
9. Annexure-SCA-8 Photocopy of the letter no. 2520
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dated 25.10.2010.
10. Annexure-SCA-9 Photocopy of the hearing dated
30.10.2010.
11. Annexure-SCA-10 Photocopy of the hearing dated
15.11.2010.
12. Annexure-SCA-11 Photocopy of the minutes of
meeting dated 01.12.2011.
13. Annexure-SCA-12 Photocopy of the letter no. 831
dated 21.05.2011.
14. Annexure-SCA-13 Photocopy of the hearing dated
26.05.2011.
15. Annexure-SCA-14 Photocopy of the assessment
order dated 03.12.2011.
16. Annexure-SCA-15 Photocopy of bills.

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