Disposed

M/s Nutan Plastic Works v. The Bihar State Power Holding Company Ltd. and Ors.

Patna HC1 Nov 2013CWJC/18931/2013

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging meter tampering allegations and resultant disconnection. It directed reconnection on payment of 50% of provisional dues, subject to statutory appeal outcomes, ensuring no disconnection pending appellate decision if dues remain.

What did the court decide?

Directing reenergization of the petitioner's line on deposit of 50% of the provisional dues payable within 48 hours.

M/s Nutan Plastic Works Vs The Bihar State Power Holding… — Banking and Recovery | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 18931 of 2013

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====================================================== M/S Nutan Plastic Works, Dankakucha Chawk, Patna City, P.S. Khajekala, Dist. Patna Through Its Proprietor Shashi Yadav Son Of Late Kamla Prasad Yadav Resident Of Sadar Gali, Bagkalukhan, P.O. Jhauganj, P.S. Khajekala, Dist. Patna .... .... Petitioner/s Versus 1. The Bihar State Power (Holding) Company Limited Through Its Managing Director, Vidyut Bhawan, Bailey Road, Patna 2. The South Bihar Power Distribution Company Ltd., Its Head Office At Vidyut Bhawan, Bailey Road, Patna 3. The Electrical Executive Engineer (Supply), Patna City, South Bihar Power Holding Company Ltd. 4. The Assistant Electrical Engineer (Supply), Chawk Patna City, South Bihar Power Holding Company Ltd. 5. The Assistant Electrical Engineer, Special Task Force, South Bihar Power Holding Company Ltd., Bailey Road, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr Suraj Samdarshi, Advocate For the Respondent/s : M/s Vinay Kirti Singh & Akhileshwar Singh, Advocates ====================================================== CORAM: HON’BLE MR JUSTICE NAVANITI PRASAD SINGH

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ORAL ORDER

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2 01-11-2013 Heard learned counsel for the petitioner and learned

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counsel for the Bihar State Power (Holding) Company Limited (Power Company) and with their consent, the writ petition is being disposed of at this stage itself.

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It appears that the petitioner has an LTIS – I connection with sanctioned load of 16 HP. An inspection was conducted by the officials of the Power Company on 11.09.2013

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Patna High Court CWJC No.18931 of 2013 (2) dt.01-11-2013

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and pursuant thereto on the allegation of tampering with the meter, a criminal case was lodged, the line was disconnected and the metering equipment seized.

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This writ petition has been filed challenging the inspection, seizure and disconnection. After the writ petition was filed, learned counsel for the petitioner states that a provisional assessment of electricity was made in terms of Section 126 of the Electricity Act, 2003 to which petitioner has already filed his objection which is yet to be disposed of. In the meantime, petitioner’s unit remains disconnected.

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For the present, learned counsel for the petitioner restricts his relief to reconnection on payment of 50% of the dues as indicated in the provisional assessment.

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Having considered the matter, in my view, upon deposit of 50% of the dues, as claimed in the provisional assessment, the line of the petitioner shall be reenergized with a proper meter within 48 hours from today.

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This order would, however, be subject to the final order that is passed pursuant to consideration of objection to the provisional assessment and subject to the order that may be passed in appeal, if any, as filed by the petitioner. In other words, if an order considering objection to the provisional assessment is passed

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Patna High Court CWJC No.18931 of 2013 (2) dt.01-11-2013

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3 which order is statutorily subject to appeal, if any to be filed by the petitioner, if there is any outstanding dues, petitioner’s connection will not be disconnected till the appellate authority in the appeal to be filed finally decides the matter and there remains outstanding dues thereafter.

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This order of this Court directing reconnection would not inure to the benefit of the petitioner once final orders at the appellate stage, if any, is passed and dues remain to be paid accordingly. However, the petitioner shall have his remedies as against that final order as he may be advised.

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With this observation and direction, this writ petition stands disposed of.

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M.E.H. /-

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(Navaniti Prasad Singh, J)

M/s Nutan Plastic Works v. The Bihar State Power Holding Company Ltd. and Ors.

Case brief

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M/s Nutan Plastic Works v. The Bihar State Power Holding Company Ltd. and Ors.

Case brief

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