Neutral Citation No. ( 2025:JHHC:17554-DB ) C.M.P. NO. 428 OF 2025 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 428 of 2025 M/s Usha Martin Ltd. (Earlier known as M/s Usha Beltron Ltd.), A Company incorporated under the provisions of Companies Act, 1956, having its Registered Office at 2A, Shakespeare Sarani, Kolkata, P.O. Shakespeare Sarani, P.S. Shakespeare Sarani, Dist.- Kolkata, West Bengal through its Assistant Vice President Sri N.K. Patodia, S/o Late R.D. Patodia, R/o Deputy Para, P.O.-GPO, P.S.- Kotwali, Dist.- Ranchi. ... Petitioner Versus 1. JHARKHAND URJA VIKAS NIGAM LIMITED (Earlier known as JHARKHAND STATE ELECTRICITY BOARD), having its office at Engineers Bhawan, HEC, Dhurwa, Ranchi through its Chairman cum Managing Director, Engineers’ Bhawan, H.E.C., P.O. + P.S.- Dhurwa, Ranchi. 2. Bihar State Electricity Board, a body constituted under the Indian Electricity Act, 1910, having its Head Office at Bailey Road, P.O. + P.S.- Fraser (Dak Bungalow), through its Chairman, now known as Bihar State Power Holding Company. 3. The Chief Engineer (Commercial and T.A.), Bihar State Electricity Board, P.O.+P.S.- Fraser (Dak Bungalow), Bailey Road, Patna. 4. The Financial Controller (Rev.), Bihar State Electricity Board, Bailey Road, P.O.+P.S.- Fraser (Dak Bungalow), Patna. 5. General Manager cum Chief Engineer, Ranchi Area Electricity Supply (earlier known as South Bihar and Chhotanagpur Area Electricity Board), Kusai Colony, Doranda, Ranchi. 6. General manager cum Chief Engineer, Jharkhand Urja Sancharan Nigam Limited (Earlier JSEB), Transmission Neutral Citation No. ( 2025:JHHC:17554-DB ) C.M.P. NO. 428 OF 2025 2 Zone JR, Gamharia, P.O. + P.S.- Gamharia, Dist.- Seraikella Kharsawan. 7. The Electrical Superintending Engineer, Ranchi Electrical Circle, Kusai Colony, Doranda. 8. The Electrical Superintending Engineer, Electric Supply Circle, having its office at Vikash Bhawan, Adityapur, P.O. + P.S.- Adityapur, Dist.- Kharsawan Seraikella. 9. The Electrical Executive Engineer (Commercial and Revenue), Office of the Electrical Superintending Engineer, Ranchi Electrical Circle, Kusai Colony, Doranda, Ranchi. 10. The Electrical Executive Engineer (Commercial and Revenue), Office of the Electrical Superintending Engineer, Electric Supply Circle, Vikash Bhawan, Adityapur, P.O. + P.S. Adityapur, Dist.- Seraikella Kharsawan. … Opposite Parties With C.M.P. No. 4096 of 2025 (Filing No.) M/s La Opala (R.G.) Ltd., At Madhupur, Dist.- Deoghar, a Company incorporated under the Indian Companies Act, having its factories at Madhupur through its Vice President and Secretary (now known as Chief Financial Officer) Alok Pandey, aged about 66 years Son of Late Bal Krishna Pandey, Resident of 1/C, Heysham Road, P.O. Lala Lajpat Rai Sarani Road, P.S. Bhawanipur, Town and Dist.- Kolkata, West Bengal-700020 ... Petitioner Versus 1. JHARKHAND URJA VIKAS NIGAM LIMITED (Earlier known as JHARKHAND STATE ELECTRICITY BOARD), having its office at Engineers Bhawan, HEC, Dhurwa, Ranchi through its Chairman, Project Bhawan, H.E.C., P.O. & P.S. Dhurwa, District Ranchi. Neutral Citation No. ( 2025:JHHC:17554-DB ) C.M.P. NO. 428 OF 2025 3 2. Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna through its Chairman Vidyut Bhawan & District - Patna (Now Known as Bihar State Power Holding Company Limited). 3. The Chief Engineer "Commercial & T.A.), Manager, Bihar State Electricity Board, Bailey Road, Patna., 4. The Financial Controller (Rev.), Bihar State Electricity Board, Bailey Road, Bailey Road, Patna, 5. The General Manager cum Chief Engineer, Deoghar Town, District- Deoghar. 6. Electrical Superintending Engineer, Electric Supply Circle, Deoghar, P.O. and P.S. Deoghar, District - Deoghar 7. Electrical Executive Engineer (C & R), Electrical Circle, Deoghar, P.O.+ P.S.-Deoghar With C.M.P. No. 4097 of 2025 (Filing No.) M/S. Maithan Ceramics Ltd., a Company incorporated under the provisions of Companies Act, 1956, having its Factory at Chirkunda, P.O. and P.S. Chirkunda, District Dhanbad, through one of its Director Ajay Sharma, son of Shyam Sundar Sharma aged about 55 years, resident of 01, Ganjagali, Dharamshala Road, Chirkunda P.O. Chirkunda and P.S.- Nirsa-cum-Chirkunda, District- Dhanbad ... Petitioner Versus 1. JHARKHAND URJA VIKAS NIGAM LIMITED (Earlier known as JHARKHAND STATE ELECTRICITY BOARD), having its office at Engineers Bhawan, HEC, Dhurwa, Ranchi through its Chairman, Project Bhawan, H.E.C., P.O. & P.S. Dhurwa, District Ranchi. 2. Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna through its Chairman Vidyut Bhawan & District - Patna (Now Known as Bihar State Power Holding Company Limited). Neutral Citation No. ( 2025:JHHC:17554-DB ) C.M.P. NO. 428 OF 2025 4 3. The Financial Controller (Rev.), Bihar State Electricity Board, Bailey Road, Bailey Road, Patna, 4. Chief Engineer (Commercial & T.A.) Bihar State Electricity Board, having its Head Office at Bailey Road, Patna, P.O. GPO, P.S. Kotwali, Dist.- Patna. 5. General Manager cum Chief Engineer, Dhanbad Area Electricity Board, JUVNL, having its office at Combined Building, P.O. + P.S.- Dhanbad, Dist.- Dhanbad. 6. The Electrical Superintending Engineer (Commercial and Revenue), JUVNL, Electric Supply Circle, P.O. + P.S.- Dhanbad, Dist.- Dhanbad. 7. The Superintending Engineer, Dhanbad, P.O. + P.S.- Dhanbad, Dist.- Dhanbad. … Opposite Parties With C.M.P. No. 4265 of 2025 (Filing No.) M/s. R. K. Industries, a company incorporated under the Companies Act, 1956 having its Head Office at 144, Sakchi Market, P.O. & P.S. Sakchi, Town-Jamshedpur, District- Singhbhum East and works at 11 & 12, Phase-IV, Adityapur Industrial Area, P.O, & P.S. Gamharia, District- 14, SeraikelaKharsawan through its Partner Ram Krishna Choudhary, Son of Late Lal Chand Choudhary, resident of 144, Sakchi Market, P.O. & P. S. Sakchi, Town, Jamshedpur, District-Singhbhum East. ... Petitioner Versus 1. JHARKHAND URJA VIKAS NIGAM LIMITED (Earlier known as JHARKHAND STATE ELECTRICITY BOARD), having its office at Engineers Bhawan, HEC, Dhurwa, Ranchi through its Chairman, Project Bhawan, H.E.C., P.O. & P.S. Dhurwa, District Ranchi. 2. Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna through its Chairman. Neutral Citation No. ( 2025:JHHC:17554-DB ) C.M.P. NO. 428 OF 2025 5 3. The Chief Engineer ("Commercial & T.A.), Manager, Bihar State Electricity Board, Bailey Road, Patna. 4. The Financial Controller (Rev.), Bihar State Electricity Board, Bailey Road, Bailey Road, Patna. 5. The General Manager cum Chief Engineer Deoghar, P.O. and P.S. Deoghar, District- Deoghar 6. Electrical Superintending Engineer, Electric Supply Circle, Deoghar, P.O. and P.S. Deoghar, District - Deoghar 7. Electrical Executive Engineer (C & R), Electrical Circle, Deoghar … Opposite Parties With C.M.P. No. 4353 of 2025 (Filing No.) ASL Enterprises, A Company incorporated under the provisions of Companies Act, 1956 having its factory at Industrial Area, P.O. + P.s.- Gamharia, Dist.- Singhbhum East through its Managing Director Dilip Kumar Goyal. ... Petitioner Versus 1. JHARKHAND URJA VIKAS NIGAM LIMITED (Earlier known as JHARKHAND STATE ELECTRICITY BOARD), having its office at Engineers Bhawan, HEC, Dhurwa, Ranchi through its Chairman, Project Bhawan, H.E.C., P.O. & P.S. Dhurwa, District Ranchi. 2. Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna through its Chairman. 3. The Chief Engineer "Commercial & T.A.), Manager, Bihar State Electricity Board, Bailey Road, Patna. 4. The Financial Controller (Rev.), Bihar State Electricity Board, Bailey Road, Bailey Road, Patna. 5. The General Manager cum Chief Engineer Deoghar, P.O. and P.S. Deoghar, District- Deoghar 6. Electrical Superintending Engineer, Electric Supply Circle, Deoghar, P.O. and P.S. Deoghar, District - Deoghar Neutral Citation No. ( 2025:JHHC:17554-DB ) C.M.P. NO. 428 OF 2025 6 7. Electrical Executive Engineer (C & R), Electrical Circle, Deoghar … Opposite Parties With C.M.P. No. 4937 of 2025 (Filing No.) M/s Auto Profiles Ltd. ( Unit-1), A company registered under the provisions of Indian Companies Act having its work at Plot Nos. 33-34, 4th Phase, Gamharia, P.O. + P.S.- Gamharia, Dist.- Seraikella Kharsawan through its Managing Director Sri Bikash Mukherjee. ... Petitioner Versus 1. JHARKHAND URJA VIKAS NIGAM LIMITED (Earlier known as JHARKHAND STATE ELECTRICITY BOARD), having its office at Engineers Bhawan, HEC, Dhurwa, Ranchi through its Chairman, Project Bhawan, H.E.C., P.O. & P.S. Dhurwa, District Ranchi. 2. Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna through its Chairman. 3. The Chief Engineer (Commercial & T.A.), Manager, Bihar State Electricity Board, Bailey Road, Patna. 4. The Financial Controller (Rev.), Bihar State Electricity Board, Bailey Road, Bailey Road, Patna. 5. The General Manager cum Chief Engineer Deoghar, P.O. and P.S. Deoghar, District- Deoghar 6. Electrical Superintending Engineer, Electric Supply Circle, Deoghar, P.O. and P.S. Deoghar, District - Deoghar 7. Electrical Executive Engineer (C & R), Electrical Circle, Deoghar … Opposite Parties ---- PRESENT HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE DEEPAK ROSHAN ---- For the Petitioners : Mr. M.S. Mittal, Sr. Adv. Mr. Salona Mittal, Adv. For the JUVNL : Mr. Manish Kumar, Sr. S.C. Neutral Citation No. ( 2025:JHHC:17554-DB ) C.M.P. NO. 428 OF 2025 7 Mr. Sachin Kumar, Sr. S.C. For the BSEB : Mr. Manoj Tandon, Adv. Ms. Neha Bhardwaj, Adv. ---- Dated : 01/07/2025 Per Rongon Mukhopadhyay, J. : 1. Heard Mr. M.S. Mittal, learned senior counsel for the petitioner(s), Mr. Manish Kumar, learned Sr. S.C.-JUVNL, Mr. Manoj Tandon, learned counsel appearing for the BSEB. 2. These applications have been preferred by the petitioners with their common prayer seeking modification of the order dated 31-08-2024 passed in L.P.A. No. 305/2015. 3. The operative part of the order dated 31-08-2024 passed in L.P.A. No. 305/2015, the modification which has been sought for reads as under: “31. Hence, we deem it proper to allow the present batch of appeals. Accordingly, the impugned order passed by the writ court is quashed. Consequently, all the bills which has been impugned in the respective writ applications, are hereby, quashed. It is ordered that the Bills is to be rework out and the rates of Fuel Surcharge be revised strictly in the line of what has been held by the Patna High Court and the Hon’ble Apex Court and also the finding given by us hereinabove on each and every issue; keeping in mind the fact of Bifurcation of Boards i.e. BSEB and JSEB, amount of Rs.100 Crore received from coal Company and the observation given by us on DPS. 32. For making the revised calculations, we hereby appoint three men committee headed by Hon’ble Mr. Justice Neutral Citation No. ( 2025:JHHC:17554-DB ) C.M.P. NO. 428 OF 2025 8 Amitabh Kumar Gupta (Retd.), Jharkhand High Court along with two chartered accountants to be nominated by the Chairman of the committee from the names given by both the parties i.e. Board and the Consumers; to examine the calculations. The committee after coming to the conclusion shall send the calculation to the Board which shall issue fresh Bills to the Consumers for its payment. The professional fees of the Committee shall be decided by its Chairman and the same will be borne by the appellants.” 4. Mr. M.S. Mittal, learned senior counsel for the petitioner in C.M.P. No. 428/2025 has submitted that there is a necessity of modification at para 31 of the order dated 31-08-2024 as BSEB and JSEB are now known as “Bihar State Power Holding Company Limited” and “Jharkhand Bijli Vitran Nigam Limited” and, therefore, necessary orders be passed for modification of the said paragraph. 5. Since the modification which has been sought for is formal in nature, we accordingly modify para 31 of the order dated 31- 08-2024 passed in L.P.A. No. 305/2015 to the extent that BSEB and JSEB as mentioned in the said paragraph shall now be read as “Bihar State Power Holding Company Limited” and “Jharkhand Bijli Vitran Nigam Limited” respectively. 6. So far as para 32 of the said order is concerned, a clarification has been sought for in view of the subsequent development post formation of the Committee, as directed by this Court. Mr. Mittal, learned senior counsel has submitted that the committee is headed by the Chairman/Adjudicator and two Chartered Accountants have already been appointed; Sri Ajay Neutral Citation No. ( 2025:JHHC:17554-DB ) C.M.P. NO. 428 OF 2025 9 Chabbra from the side of the consumer and Sri Satya Narayan Prasad from the side of the licensee. Reference has been made to the order dated 22-03-2025 passed in Adjudicatory Case No. 01/2024, wherein an amount of Rs. 1 crore has been fixed towards the payment of fees of the committee inclusive of administrative and miscellaneous expenses. Mr. Mittal, learned senior counsel has submitted that vide order dated 05-05-2025, the petitioner has been directed to deposit 50% of the determined fees by the next date of hearing. Though there are 28 appellants before this Court, but only 8 consumers are appearing before the committee and the non-appearing consumers may not share the fees of the adjudication proceedings. Mr. Mittal has copiously referred to the averments made in the supplementary affidavit filed by the petitioner in C.M.P. No. 428/2025 citing various other grounds which are ingrained in the said affidavit itself. 7. We have also heard the learned counsel for the other petitioners as well as the respondents. 8. Though we are aware about the observation made at para 32 of the order dated 31-08-2024 passed in L.P.A. No. 305/2015, wherein the onus for deciding the professional fees of the Adjudicatory Committee was shifted to the Chairman of the Committee, but we could not perceive the imbroglios which would show up as depicted in the supplementary affidavit of the petitioner. We, accordingly, modify para 32 of the order dated 31- 08-2024 passed in L.P.A. No. 305/2015 so far as the professional fees of the Chairman of the committee and its two members to a consolidated amount of Rs. 20 lakhs to the Chairman of the committee and Rs. 5 lakhs to the nominated Chartered Accountants, who are the members of the committee. The consolidated amount shall also include the administrative and miscellaneous expenses as well. In view of the above, therefore, the order dated 31-08-2024 passed in L.P.A. No. 305/2015 is Neutral Citation No. ( 2025:JHHC:17554-DB ) C.M.P. NO. 428 OF 2025 10 modified to the aforesaid extent. 9. All the Civil Miscellaneous Petitions stand disposed of. 10. Pending I.A.s, if any, stands closed. (RONGON MUKHOPADHYAY, J.) (DEEPAK ROSHAN, J.) Jharkhand High Court, Ranchi Dated the 1st Day of July, 2025 Preet/N.A.F.R.