Disposed

Ajay Kumar Singh v. the Bihar State Electricity Bo

Patna HC28 Apr 2011CWJC/14106/2010

Case brief

AI extract

What is this about?

This court disposed of a writ petition regarding threatened electricity disconnection. The petitioner sought protection against penalties while the final assessment was pending, having paid current dues regularly. The court held that liability for arrears and disconnection cannot arise without a final assessment order.

What did the court decide?

Petition disposed; disconnection not permissible for arrears until final assessment is completed and petitioner refuses to deposit prescribed amount.

Ajay Kumar Singh Vs the Bihar State Electricity Bo — Patna HC (2011) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14106 of 2010

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AJAY KUMAR SINGH S/O SRI VIJAY KUMAR SINGH R/O MOHALLA- SHIV DURGALY LEN, MAHENDRU, P.S.- SULTANGANJ, DISTT.- PATNA

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Versus

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THE BIHAR STATE ELECTRICITY BOARD THROUGH CHAIRMAN BIDHUT BHAWAN, BAILEY ROAD, PATNA 2. THE CHAIRMAN BIHAR STATE ELECTRICITY BOARD, BIDHUT BHAWAN, BAILEY ROAD, PATNA

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THE ENGINEER-IN-CHIEF BIHAR STATE ELECTRICITY BOARD, BIDHUT BHAWAN, BAILEY ROAD, PATNA

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THE SUPERINTENDING ENGINEER BIHAR STATE ELECTRICITY BOARD, BIDHUT BHAWAN, BAILEY ROAD, PATNA 5. THE ASSISTANT ENGINEER BIHAR STATE ELECTRICITY BOARD, BIDHUT BHAWAN, BAILEY ROAD, PATNA

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THE ASSISTANT ELECTRICAL ENGINEER ELECTRICITY SUPPLY, GAIGHAT, PATNA

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For the Petitioner:- Mr. Sanjeev Kumar Mishra, Adv.

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28.04.2011

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Heard learned counsel for the petitioner. No one appears on behalf of the respondent Board. The premises of the petitioner are alleged to have been raided on 9.7.2008 and a First Information Report lodged for alleged use of electricity in a manner contrary to law. He came to this Court in C.W.J.C. No. 15016 of 2008. On 27.11.2008, the Court noticed the claim against him was of Rs. 8,40,000/- permitted him to deposit 2,00,000/- with a direction to reconnect the supply on payment of the first installment of the aforesaid amount. Supply has been restored.

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The petitioner is stated to have filed his objection to this provisional assessment which is

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required to be finally adjudicated by the respondents. It is submitted that in the provisional assessment the amount has reduced from Rs. 8,40,000/- but final assessment orders are yet to be passed. Without a final assessment the petitioner is being threatened with disconnection for the non payment of the arrears when he claims that he is paying his current dues regularly.

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Once this Court directed restoration of the electric connection on certain condition and thereafter final assessment has not been completed, a statutory obligation of the respondent Board, the petitioner cannot be panelized merely because the amount of provisional assessment may have got reduced to Rs. 4,08,600/-. The petitioner is stated to have filed an objection. If he wishes to supplement the same, he is permitted to do so. Till such time that the final assessment is not done by the respondents, the question of liability to pay any arrears does not arise. So long as the petitioner continues to pay his current bills in time, the respondents cannot disconnect the supply for non payment of arrears unless and until the petitioner refuses to deposit the arrears in the manner prescribed after orders of final assessment are made.

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The question of interest on the arrears shall necessarily have to take into consideration the delay in part of the respondents in making final assessment.

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The writ application stands disposed in the aforesaid terms.

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P. Kumar

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( Navin Sinha, J.)

Ajay Kumar Singh v. the Bihar State Electricity Bo

Case brief

What is this about?

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Ajay Kumar Singh v. the Bihar State Electricity Bo

Case brief

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What did the court decide?

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