Dismissed

Swarna Enterprises v. The State Of Bihar and Ors.

Patna HC28 Feb 2014CWJC/1963/2014

Case brief

AI extract

What is this about?

The Court allowed a petitioner whose electric connection was disconnected due to alleged energy theft. It directed the petitioner to deposit 50% of the provisionally assessed loss within two weeks from a specific date, upon which the respondent must restore the connection within 48 hours. The arrangement remains effective until the final assessment of loss.

What did the court decide?

Direction to deposit 50% of provisionally assessed loss within two weeks and restore electric connection within 48 hours thereof.

Swarna Enterprises Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1963 of 2014

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Swarna Enterprises Having Its Office At Jagdeo Path, Khajpura, Patna Through Its Proprietor Ashish Kumar Son Of Late Swarn Kumar Resident Of 15, Circular Road, Anand Bazar, Danapur Cantt, Police Station - Danapur, District - Patna .... .... Petitioner/s Versus 1. The State Of Bihar through Principal Secretary, Government Of Bihar, Patna 2. The Bihar State Power Holding Company Limited Through Its Chairman - Cum - Managing Director, Patna, Bihar 3. The Chairman - Cum - Managing Director, Bihar State Power Holding Company Limited Patna, Bihar

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The South Bihar Power Distribution Company Limited Through Its Director, Patna, Bihar 5. The Director, South Bihar Power Distribution Company Limited, Patna, Bihar 6. The General - Manager, South Bihar Power Distribution Company Limited, Patna, Bihar 7. The Executive Engineer, Divisional Electrical Supply Office, New Capital, Patna 8. The Assistant Electrical Engineer, Sub - Divisional Electrical Supply, Nutan Capital, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Anand Kumar Ojha Mr. Raju Giri,G.P. 30.

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====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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2 28-02-2014 Heard learned counsel for the petitioner and Mr.Anand Kumar Ojha for the respondent Bihar State Power Holding Company Ltd. (for short “ the Company”).

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The petitioner runs a show room in the city of Patna. In an inspection carried out by the respondent Company, it was found and detected that the petitioner was engaged in commission of theft of energy which was punishable under diverse provisions

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Patna High Court CWJC No.1963 of 2014 (2) dt.28-02-2014

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of Section 135 of the Electricity Act. Accordingly, an F.I.R. was lodged against the petitioner (part of Annexure-1series). There is no dispute that following such search and lodgment of F.I.R., provisional assessment of the loss sustained by the Company has also been initiated in which the petitioner has filed his objection. The said proceeding is pending consideration till date. Following such inspection, the electric connection of the business premises was disconnected.

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Learned counsel for the petitioner states that the petitioner is ready and willing to deposit part of the loss sustained by the Company as reflected from the F.I.R. subject to final assessment for immediate resumption of the electricity to the shop of the petitioner.

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Mr. Ojha, Counsel for the Company, on the other hand, submits that the assessment amount which shall be passed against the petitioner should be directed to be deposited by the petitioner subject to filing of appeal thereagainst whereupon the electric connection of the petitioner shall be restored.

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Be that as it may, the matter is still pending before the respondent Company wherein actual assessment of the loss sustained by the Company is to be assessed and till then the petitioner shall remain without electricity inasmuch as the

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Patna High Court CWJC No.1963 of 2014 (2) dt.28-02-2014

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Company shall also not been able to demand and receive the loss said to have been caused to the Company as also keeping in view the interest of justice, this Court is satisfied that the following order would sub-serve the cause of justice:-

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Let the petitioner deposit 50 % of the loss said to have been incurred by the respondent Company as quantified in the F.I.R. being Rs. 8,68,235.40 within two weeks whereupon the respondent Company shall restore the electric connection of the petitioner within 48 hours thereof. The aforesaid arrangement shall hold field until final assessment of the loss is made by the Company.

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The application stands disposed of.

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(Kishore Kumar Mandal, J)

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Pankaj/-

Swarna Enterprises v. The State Of Bihar and Ors.

Case brief

What is this about?

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Swarna Enterprises v. The State Of Bihar and Ors.

Case brief

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