Disposed

Kunj Bihari Sah @ Kunj Bihari v. The Bihar State Power Holding Company Ltd. and Ors.

Patna HC25 Mar 2014CWJC/4398/2014

Case brief

AI extract

What is this about?

This court disposed of the application, directing restoration of the petitioner's electric connection by the respondent within 72 hours upon deposit of 50% of the quantified loss amount, subject to terms of the Electricity Act, 2003.

What did the court decide?

Petitioner granted dismissal of application and directive to respondent to restore electric connection within 72 hours if 50% loss amount deposited.

Kunj Bihari Sah @ Kunj Bihari Vs The Bihar State Power… — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4398 of 2014

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====================================================== 1. Kunj Bihari Sah @ Kunj Bihari Son Of Late Saryug Sah Resident Of Sadar Bazar, Danapur Cantt., P.O. And P.S. Danapur, District - Patna .... .... Petitioner/s Versus 1. The Bihar State Power (Holding) Company Limited, Vidyut Bhawan, Bailey Road, Patna, Through Its Chairman-Cum-Managing Director 2. The South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna, Through Its Director 3. The Electrical Executive Engineer, Danapur, Patna 4. The Assistant Electrical Engineer, Digha, Danapur, Patna .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 25-03-2014 Heard Mr. Suraj Samdarshi for the petitioner and Mr.Vinay Kirti Singh for the respondent- Bihar State Power (Holding) Company Limited ( for short „the Company‟) and its functionaries. Petitioner is low tension commercial consumer of the respondent Company. The respondents, finding commission of theft by tampering the meter by the petitioner, lodged an FIR (Annexure-1/A) vide Danapur P.S. case no. 687 of 2013. Following institution of an First Information Report, the electric connection of the industrial premises of the petitioner was disconnected. The petitioner moved the learned Sessions Judge for anticipatory bail. Learned Sessions Judge by an order dated

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Patna High Court CWJC No.4398 of 2014 (2) dt.25-03-2014

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23.12.2013 (Annexure-3) granted the petitioner the privilege of bail in the following terms:-

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“Accordingly, petitioner is directed to deposit an amount of Rs. 32,154/- with the Board, surrender in the court with receipt, within a month of communication of this order, and in that event, he shall be enlarged on bail, on his furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each. He is further directed to deposit the remaining loss amount with the Board within a further period of 9 Months, in the same manner. Failure, on the part of the petitioner, in depositing any of the instalment amount, on any ground, bail so granted to the petitioner, shall automatically be cancelled.”

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Mr. Samdarshi counsel for the petitioner states that

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the payment of the dues/penal charges raised by the respondent Company is being paid /deposited by the petitioner as per the order passed by the learned Sessions Judge inasmuch as three instalments have already been paid up to March, 2014. It is further submitted that if the payment of the instalment as per the order passed on 23.12.2013 has not measured up to 50% of the loss amount quantified in the FIR then the petitioner would deposit the remaining amount within three weeks.

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This Court in several identical writ petitions had been directing restoration of electric connection subject to deposit of 50% of the loss amount quantified by the respondenta which is

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Patna High Court CWJC No.4398 of 2014 (2) dt.25-03-2014

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made subject to the final result of the assessment proceeding to be taken in this regard by the respondents in terms of the relevant provisions of the Electricity Act, 2003. No sooner the petitioner deposits 50% of the loss amount as reflected in the FIR or in the assessment order passed, if any, the respondent shall restore the electric connection of the petitioner within 72 hours of such deposit. The present arrangement shall continue until the final termination of the assessment proceeding.

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Application stands disposed of.

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(Kishore Kumar Mandal, J)

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Shyam/-

Kunj Bihari Sah @ Kunj Bihari v. The Bihar State Power Holding Company Ltd. and Ors.

Case brief

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Kunj Bihari Sah @ Kunj Bihari v. The Bihar State Power Holding Company Ltd. and Ors.

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