Allowed

Baidyanath Prasad v. The State Of Bihar and Ors.

Patna HC2 Jun 2014CWJC/5172/2014

Case brief

AI extract

What is this about?

This writ application sought restoration of electricity supply to a petitioner, an employee allotting him a new quarter. The court directed authorities to grant a new connection on conditions of filing an application, undertaking to pay dues, producing payment receipts, and adhering to installments to avoid disconnection.

What did the court decide?

Directed authorities to give new electric connection within 15 days subject to conditions: filing application, undertaking to pay dues, producing payment receipts, and regular monthly payments.

Baidyanath Prasad 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

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Civil Writ Jurisdiction Case No.5172 of 2014

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====================================================== Baidyanath Prasad S/O Ballam Paswan Resident Of Quarter No. 3, Type- 4, Mohalla Adalatganj, B.S.N.L, Police Station- Kotwali, District- Patna.

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.... .... Petitioner/s

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Versus

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The State Of Bihar, Through The Energy Secretary, Bihar, Patna.

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The Bihar State Power Holding Company, Ltd., Through Its ChairmanCum- Managing Director, Vidyut Bhawan, Bailey Road, Patna. 3. The Managing Director, South Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey Road, Patna.

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The Executive Engineer, South Bihar Power Distribution Company Ltd. 5. The Assistant Engineer, South Bihar, Power Distribution Company Ltd. 6. The Junior Engineer, South Bihar, Power Distribution Company Ltd.,

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Javed Aslam, Adv For the S. B.P.C.L. : Mr. Vinay Kirti Singh, Adv. For the Respondent/s : Mr. Gopi Jha AC to GP-25

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====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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2 02-06-2014 Heard learned counsel for the parties.

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As with regard to the following prayer made in

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this writ application:-

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"To restore the supply of Electricity to the quarter no. 3 type 4, B.S.N.L. Adalatganj, forthwith, presently he allotted to the petitioner in his capacity as Junior Engineer, posted at Telephone Bhawan, R. Block, Patna.

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To hold that till disposal of Patna Kotwali P.S. case no. 693 of 2013 instituted for an offence u/s 135 of the Indian Electricity Act, 2003 pending in the court of Special Court, Pesu Area, Patna. The South Bihar Power Distribution Company Ltd. earstwhile Bihar Electricity Board) cannot to realized and out condition of for realization of entire amount covered by the F.I.R for restoration of Electric connection."

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learned counsel for the petitioner has submitted that the

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petitioner is an employee of a Government Corporation

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Patna High Court CWJC No.5172 of 2014 (2) dt.02-06-2014

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namely, Bharat Sanchar Nigam Limited (B.S.N.L) and he is also prepared to abide by the law, inasmuch as, whatever dues are referable to him either for the old connection of Quarter No. 8, Type-4 and for which he has already undertaken to pay the dues in view of the order granting him bail passed by the Incharge, Presiding Officer in Special Case No. 1314 of 2013 dated 05.12.2013 and therefore, the petitioner should not be deprived of getting the fresh connection in new Quarter No. 3, Type-4, Old Adalatganj allotted to him by the B.S.N.L.

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Mr. Vinay Kirti Singh, learned counsel appearing on behalf of South Bihar, Power Distribution Company Limited has submitted that the only difficulty for the authorities would be that if the petitioner will not pay the amount earlier assessed against him as per the order of the Incharge Presiding Officer, Special Court dated 05.12.2013, it would be very difficult for the authorities to realize the amount from the petitioner.

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Learned counsel for the petitioner in reply submits

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Patna High Court CWJC No.5172 of 2014 (2) dt.02-06-2014

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that the petitioner is fully prepared to pay whatever amount is found payable against him either in respect of Old Quarter No. 8 or in respect of Quarter No. 3, Type-4, Old Adalatganj. He has also submitted that as per the earlier order of the Incharge Presiding Officer dated 05.12.2013, the petitioner has been regularly paying installments of Rs. 10,000/- per month till date.

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In view of the above, this Court would direct the authorities to give a new electric connection to the petitioner for his new Quarter No. 3, Type-4, Old Adalatganj subject to the following conditions:-

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(i) The petitioner shall file an application for fresh connection with an undertaking to pay the entire amount of dues which has been assessed against him for, Quarter No. 8 along with energy charges of Quarter No. 3, Type-4, Old Adalatganj.

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(ii) The petitioner shall also produce the receipt showing payment of such amount till date in terms of the order dated 05.12.2013 passed in Special Case No. 1314 of 2013 and the authorities

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Patna High Court CWJC No.5172 of 2014 (2) dt.02-06-2014

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after being satisfied that the petitioner has been paying the dues as per the order of the authorities for Old Quarter No. 8, must give new connection to the petitioner within a period of 15 days from the date the petitioner will file his fresh application in the manner indicated above.

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(iii) It goes without saying that new electric connection to the petitioner would be subject to not only payment of his dues for the said new connection but also clearance of entire dues and the moment the petitioner would make default in making any payment of dues of the old connection or the new connection, he will be subjected to disconnection of his new connection.

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With the aforementioned observation and direction, this application is disposed of.

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(Mihir Kumar Jha, J)

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Ranjan/-

Baidyanath Prasad v. The State Of Bihar and Ors.

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Baidyanath Prasad v. The State Of Bihar and Ors.

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