This order permitted impleadment and directed the Assistant Engineer to restore the petitioner's electricity connection within 72 hours after the petitioner deposited 50% of the quantified energy theft loss.
Directions issued to restore the petitioner's electricity connection within 72 hours.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5488 of 2014
====================================================== Ram Janam Sharma S/O Late Siya Sharan Singh Prop Of Unic Petrol Pump At P.G. Road Arwal More Jehanabad, P.S. Jehanabad Dist Jehanabad .... .... Petitioner/s Versus 1. The Bihar State Electricity Board through Chairman Bailey Road, Patna 2. Chief Engineer, South Bihar Power Distribution Company Ltd. 3. The Superintending Engineer, Bihar Electricity Board Gaya 4. Executive Engineer, BSEB, Jehanabad 5. Assistant Engineer, BSEB, Jehanabad South Bihar Distribution Company Ltd. 6. South Bihar Power Distribution Company Ltd. through its Managing Director .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shiopujan Singh For the Respondent/s : Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 27-03-2014 The petitioner is permitted to implead the South Bihar Power Distribution Company Ltd. through its Managing Director as respondent no.6 in course of the day. Heard learned counsel for the petitioner and Mr. V. K. Singh for the Respondent-Company. The petitioner was enjoying a commercial electric connection. The respondents in an inspection found the petitioner involved in commission of theft of energy. Consequently, an FIR (Annexure-3) was lodged on 20.02.2014. Following institution of FIR the electric connection was disconnected. The petitioner moved the learned court below for grant of bail. It is stated that on certain conditions he has been released on provisional bail by the court below. Relying on the statements made in the supplementary affidavit, particularly the receipt enclosed as Annexure-6 series, it
Patna High Court CWJC No.5488 of 2014 (2) dt.27-03-2014
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has been contended that 50 per cent of the loss quantified by the respondents in the FIR has already been deposited. The respondents be, therefore, directed to restore the electric connection of the petitioner subject to result of the assessment proceeding, if any, to be taken in this regard by the respondents.
Mr. V.K.Singh, learned counsel for the Company in view of the statements made in the supplementary affidavit accepts the deposit of more than 50% of the amount of loss as reflected in the FIR. It thus appears that 50% of the loss amount has already been deposited by the petitioner.
Regard being had to the above, this Court directs the respondents, particularly the respondent, Assistant Engineer, South Bihar Power Distribution Company Ltd. to restore the electric connection of the petitioner within 72 hours of the receipt/production of a copy of this order.
The application stands disposed of with the aforesaid observation/direction.
(Kishore Kumar Mandal, J)
HR/-
1 issue framed by the court
Whether the electricity connection of the petitioner, who deposited 50% of the loss amount, should be restored pending assessment proceedings.
Ram Janam Sharma
Bihar State Electricity Board
South Bihar Power Distribution Company Ltd.
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
