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Bijay Kumar Singh v. The Chairman Bihar State Electricity Board and Ors.

Patna HC13 Mar 2014CWJC/4191/2014

Case brief

AI extract

What is this about?

The Court directed the South Bihar Power Distribution Company to restore the petitioner's disconnected electricity connection within 48 hours, granting them the right to disconnect again only upon default in future payments under the undertaking provided by the petitioner.

What did the court decide?

The respondents are directed to restore the electric connection of the petitioner within 48 hours from the date of receipt of this order.

Bijay Kumar Singh Vs The Chairman Bihar State… — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4191 of 2014

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====================================================== 1. Bijay Kumar Singh Son Of Sri Ajay Kumar Singh Resident Of Laxman Sahay Lane, Gol Bagicha, Police Station - Kotwali, District - Gaya 2. Bijay Kumar Singh Son Of Sri Ajay Kumar Singh Resident Of Laxman Sahay Lane, Gol Bagicha, Police Station - Kotwali, District - Gaya .... .... Petitioner/s Versus 1. The Chairman, South Bihar Power Distribution Company Ltd. Patna. 2. The Executive Engineer, Electric Supply Urban Division, Gol Pathar, Gaya 3.The Sub - Divisional Officer, Electric Supply Urban Division, Gol Pathar, Gaya 4. Junior Engineer, Electric Supply Area, Godown, Gaya 5. The Assistant Engineer, Electric Supply Urban Division, Gol Pathar, Gaya .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No-2 For the Respondent/s : Mr. Vinay Kirti Singh. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 13-03-2014 Heard Mr. Manish Kumar No.2 for the petitioner and Mr. Vinay Kirti Singh for the respondent South Bihar Power Distribution Company Ltd. (for short “ the Company”). Petitioner seeks a direction upon the respondent Company to restore electric connection in the house of the petitioner which stood disconnected on 09.01.2014. As per the writ petition, the petitioner was granted electricity connection vide U.D. No. 12869/GP6453. He was regularly receiving the electricity bill and making payment thereof. On 18.11.2013, the petitioner filed an application (Annexure-1) which was received in

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Patna High Court CWJC No.4191 of 2014 (2) dt.13-03-2014

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the office of the Executive Engineer, Electric Supply Urban Division, Gol Pathar, Gaya stating therein that due to high voltage, the electricity meter installed in the premises of the petitioner had burnt. He requested for change thereof. In spite of receiving of the said application, no step was taken by the respondent Company. There is no dispute that even thereafter, the petitioner was utilizing the electricity. It has been alleged that on 9.1.2014, the officials of the respondent Company visited the house and took away the meter and disconnected the electricity connection followed by lodging of an F.I.R. giving rise to Kotwali P.S. Case No. 23 of 2014 in which the loss allegedly sustained by the Company was quantified at Rs. 32,264/-. It has been submitted that the petitioner approached for grant of bail in the said case before the Special Judge, Electricity, Gaya wherein a stand was taken that he is ready and willing to pay the dues as quantified in the prosecution report/F.I.R. The learned Special Judge by order 13.1.2014 granted the petitioner the privilege of anticipatory bail on the condition that the petitioner shall pay the dues in two equal installments. It is stated that half of the amount has been paid and the petitioner undertakes to pay remaining half of the dues within two weeks. .

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Mr. Singh, learned counsel for the Company, on the

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Patna High Court CWJC No.4191 of 2014 (2) dt.13-03-2014

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other hand, submits that the petitioner was found involved in commission of theft of energy. The assessment proceeding shall be concluded in respect of petitioner whereafter he be directed to deposit the assessed value of the loss so sustained by the Company. He, however, does not dispute the fact that 50 % of the dues as reflected in the F.I.R. has been deposited by the petitioner in the light of the order passed by the learned Special Judge in the pending criminal proceeding.

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Be that as it may, considering the facts and circumstances of this case and keeping in focus the interest of justice, this Court is satisfied that the following order shall subserve the cause of justice:

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Let the respondents restore the electric connection of the petitioner within 48 hours from the date of receipt/production of a copy of this order before the Respondent nos. 2 and 3. If for any reason, the petitioner defaults in payment of remaining dues as per the undertaking given before this Court and/or payment of any energy bill to be raised against the petitioner, it will be open to the respondent Company to disconnect the electric connection of the petitioner and proceed in accordance with law.

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(Kishore Kumar Mandal, J)

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Pankaj/-

Bijay Kumar Singh v. The Chairman Bihar State Electricity Board and Ors.

Case brief

What is this about?

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Bijay Kumar Singh v. The Chairman Bihar State Electricity Board and Ors.

Case brief

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