The High Court directed the electricity company to restore the petitioner's connection upon payment of 50% of the quantified loss, permitting the remainder to be paid within three weeks.
Restoration of electric connection upon 50% payment of loss, with liberty to pay the balance within three weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3395 of 2014
====================================================== Ramesh Chand Gupta, son of Late Ram Gopal Gupta, Proprietor „Fruits Villa‟, Jagdamaba Tower, Sahedo Mahto Marg, Srikrishnapuri, P.O. and P.s.- Srikrishnapuri, District- Patna. .... .... Petitioner/s Versus 1. The Bihar State Electricity Board, Baily Road, Bihar, Patna. 2. The General Manager, PESU, Mangles Road, Patna. 3. The Chief Engineer (Electrical) Headquarter, Baily Road, Patna. 4. The Executive Engineer, Electric Supply Division, Patliputra, Patna. 5. The Assistant Electrical Engineer, Electric Supply Sub-Division, S.K. Puri, Patna-800001. 6. The Junior Electrical Engineer, S.K. Puri Supply Division, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Upendra Kumar Singh For the Respondent/s : Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 28-03-2014 Heard Mr. Upendra Kumar Singh for the petitioner and Mr. Vinay Kirti Singh for the South Bihar Power Distribution Company Ltd.(for short “ the Company”).
The petitioner was granted Non-Domestic connection by the respondent Company. In an inspection carried out of the business premises of the petitioner on 23.11.2013, the respondent found petitioner involved in commission of theft of energy. An F.I.R. vide Krishna Puri P.S. Case No. 471 of 2013 was lodged. Following lodgment of the F.I.R., the electric connection of the petitioner‟s premises was disconnected. The petitioner approached the learned Sessions Judge, Patna for grant of anticipatory bail. By an order dated 10.12.2013 (Annexure-8), he was directed to be
Patna High Court CWJC No.3395 of 2014 (2) dt.28-03-2014
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released on bail on the condition of deposit of a sum of Rs. 25,000/- and thereafter the remaining quantified loss of the respondent Company in 14 installments. It is submitted that on deposit of a sum of Rs. 25,000/-, the petitioner has been released on bail and he is enjoying the privilege of bail. The remaining installments as per the said order are to be paid by the petitioner.
Mr. Singh, learned counsel for the Respondent Company, on the other hand, submits that in the meanwhile final assessment of the loss sustained by the Company on account of commission of theft has already been assessed and the amount which was reflected in the F.I.R. has been reduced to a sum of Rs. 2,22,648/-. The petitioner in the present application seeks a direction upon the respondents to restore the electric connection of the petitioner.
Considering the facts and circumstances of the case also keeping in view the interest of justice, this Court directs that upon payment of 50 % of the loss amount quantified at Rs. 1,11,324/-, the respondent shall restore the electric connection of the petitioner as quickly as possible preferably within 48 hours. At this stage, Mr. Upendra Kumar Singh, learned counsel states that the petitioner be granted liberty to deposit the remaining amount (Rs. 1,11,324/- - Rs. 25,000/-) within three weeks.
Patna High Court CWJC No.3395 of 2014 (2) dt.28-03-2014
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Considering the submission of the petitioner, this Court permits the petitioner to deposit the remaining amount (Rs. 1,11,324/- - Rs. 25,000/-), if not already deposited, within three weeks from today whereafter the respondent Company will restore the electric connection of the petitioner within 48 hours thereof.
The writ application is disposed of.
(Kishore Kumar Mandal, J)
Pankaj/-
2 issues framed by the court
Whether the petitioner is entitled to restoration of the electric connection upon partial payment of the quantified energy theft loss?
Whether liberty to deposit the remaining balance can be granted while restoring the connection?
Ramesh Chand Gupta
The General Manager, PESU
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
