Disposed

M/S Bhalotia Engineering Works v. Jharkhand State Electricity Bo

Jharkhand HC14 May 2015WPC/5037/2010

Case brief

AI extract

What is this about?

Writ petition challenging penal bill for excess electricity consumption. Court noted lack of proof of notice service and directed parties to file objections for final assessment order to be passed.

What did the court decide?

Directs petitioner to file objection by 25.5.2015; directs Electrical Executive Engineer to pass final assessment order by 24.6.2015.

M/S Bhalotia Engineering Works Vs Jharkhand State… — Service and Employment | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No. 5037 of 2010

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M/s Bhalotia Engineering Works Private Limited, a company registered under the provisions of Indian Companies Act having its works at Gamharia, P.O. & P.S.-Gamharia, District- Saraikela Kharsawan through its Director Ashok Kumar Agarwal, son of Chandu Lal Agarwal, resident of Jubli Road, P.O. & P.S. Bistupur, Town-Jamshedpur, District-Singhbhum East

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.........Petitioner

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Vs.

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The Jharkhand State Electricity Board through its Chairman, Engineering Bhawan, Dhurwa, P.O. & P.S. -Dhurwa, DistrictRanchi

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Manager-cum-Chief Engineer, Jharkhand State Electricity Board, Singhbhum Area, Jamshedpur

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Superintending Engineer, Jharkhand State Electricity Board, Jamshedpur Circle, Bikash Bhawan, Adityapur

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4.Electrical Executive Engineer ( C & R), Electric Supply Division, Adityapur

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........Respondents

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CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR

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For the Petitioner: Mr. Shankar Lal Agrawal For the Respondents: Mr. Mukesh Kumar Sinha Mr. Prashant Singh

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8/14.05.2015: This application has been filed for quashing the bill dated 5.7.2010, 5.8.2010 & 4.9.2010 (Annexure- 6,7, & 8 respectively ) whereby and whereudner petitioner was asked to pay Rs. 1,04,760/- as a penal bill.

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It appears that petitioner has taken an electrical connection and its sanctioned load was 100 kva. However, the board found that from the month of July 2009 to October,2009 petitioner was drawing electricity beyond the permitted load. Accordingly, Board raised penal bill for Rs. 1,04,760/- .

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It is submitted that before issuing the bill, the authority of the Board had not issued any show cause notice as provided under section 126 of the Indian Electricity Act.

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On the other hand , respondent- electricity board has filed a counter affidavit, wherein it has been contended that the notice has been given to the petitioner through registered post, but in spite of the said notice, petitioner has not filed any objection, therefore, the bill as contained in Annexure-6,7, and 8 have been issued.

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However, from perusal of the counter affidavit, I find that the respondent has not annexed the postal receipt as well as the acknowledgement, to show that the said notice served upon the petitioner.

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Learned counsel for the petitioner submits that he is ready to file objection to the notice and counsel for the Board submits that

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-2-

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the Board will pass final assessment order.

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Thus, without going into the controversy between the parties, in the interest of justice, I direct the petitioner to file his objection to the notice as contained in Annexure-C to the counter affidavit by 25.5.2015 positively. If such notice is filed by that time, the Electrical Executive Engineer, Electric Supply Division, Adityapur is directed to pass final assessment order by 24.6.2015 and raise bill accordingly.

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With the aforesaid observations and directions, this writ application is disposed of.

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( Prashant Kumar,J.)

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Sharda/-

M/S Bhalotia Engineering Works v. Jharkhand State Electricity Bo

Case brief

What is this about?

What did the court decide?

M/S Bhalotia Engineering Works v. Jharkhand State Electricity Bo

Case brief

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What did the court decide?

What the court decided

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