Disposed

M/S.M.R.Industries,Ranchi v. Jharkhand State Electricity Bo

Jharkhand HC7 May 2015WPC/3105/2007

Case brief

AI extract

What is this about?

This court disposed of an interlocutory application regarding electricity disconnection. Directing the Board to recalculate charges excluding the disputed dispute period and serve a fresh bill with a specific breakdown. Line restoration to be mandated upon deposit.

What did the court decide?

Recalculate bill excluding disputed period with specific breakdown; restore line within two days of payment.

M/S.M.R.Industries,Ranchi Vs Jharkhand State… — Service and Employment | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.3105 of 2007

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M/s. M. R. Industries. ………. Petitioner.

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-VersusJharkhand State Electricity Board & Ors. .…….. Respondents.

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CORAM : HON’BLE MR. JUSTICE NARENDRA NATH TIWARI

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For the Petitioner : Mr. A. K. Sahani, Advocate For the Respondents: Mr. Ravi Kumar Singh, Advocate

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I.A. No.5081 of 2013:

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14/29.01.2014: The petitioner is aggrieved by disconnection of electricity line for the alleged default in payment.

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It has been submitted that in spite of accepting 50% of the amount of the impugned bill deposited as per the interim order of this Court dated 12^th February, 2008 and restoration of electricity line, the Respondent-Board served a bill including the period of dispute and disconnected their line for not making payment of the said bill amount.

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The respondents, on the other hand, contended that the petitioner's line has not been disconnected for the reason of non-payment of the disputed amount of the period covered by the writ petition, but the electricity line has been disconnected due to default of the petitioner in paying the current charges. The bills were raised for the current charges, but the payments were not made by the petitioner. Notice under Section 35 of the Indian Electricity Act was, thereafter, sent to the petitioner, showing the due amount of Rs.6,13,584/- up to May, 2013. But the said amount was not paid and as a consequence the petitioner's line has been disconnected.

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Learned counsel for the petitioner disputed the said amount of Rs.6,13,584/- as the current charge and submitted that the same includes the amount of the period which is in dispute in the writ petition, as would be evident from the chartAnnexure-A to the respondent's reply.

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After hearing the parties and perusing the chart (Annexure-A), I find substance in the grievance of the petitioner. The chart goes to show that the amount of the period, which is in dispute in the writ petition has been also included in

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-2-

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calculating the bill amount. Notice under Section 35 dated 26^th June, 2013 shows the due amount of Rs.6,13,584/- but there is no description of the heads and the basis on which the said amount has been worked out.

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In view of the above, this interlocutory application is disposed of, directing the Respondent-Board to recalculate the amount showing specific heads and break up of the current charges and serve a fresh bill to the petitioner.

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If the petitioner deposits the amount of the bill, the respondents shall restore the petitioner's electricity line within two days from the date of deposit of the bill amount.

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It is made clear that bill shall not include any amount of

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the disputed period covered by the writ petition.

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(Narendra Nath Tiwari, J.)
Sanjay/

M/S.M.R.Industries,Ranchi v. Jharkhand State Electricity Bo

Case brief

What is this about?

What did the court decide?

M/S.M.R.Industries,Ranchi v. Jharkhand State Electricity Bo

Case brief

What is this about?

What did the court decide?

What the court decided

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