Disposed

M/s Shankar Motors Pvt. Ltd. v. North Bihar Power Distribution Company Ltd. and Ors.

Patna HC18 Dec 2014CWJC/9828/2014

Case brief

AI extract

What is this about?

Mr. Jyoti Saran J disposed of a writ petition complaining of non-compliance with a prior order directing the appellate authority to consider the petitioner's appeal and restore electrical connection. The court noted prima facie contempt liability.

What did the court decide?

Petition disposed of with liberty to file an application for non-compliance of directions.

M/s Shankar Motors Pvt. Ltd. Vs North Bihar Power… — Company and Corporate | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9828 of 2014

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M/s Shankar Motors Pvt. Ltd., Dumka Zero Mile, Purnea, P.S. & District Purnea through its Director Mohan Himmat Singka, S/o Late Ram Jiwan Himmat Singka, resident of 401, Jai Shree Complex, Nageshwar Colony, Boring Road, P.S. Budha Colony, District Patna.

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.... .... Petitioner/s

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Versus

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1. North Bihar Power Distribution Company Limited through its Managing Director, Bidyut Bhawan, Baily Road, Patna.

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Executive Engineer, M.R.T.-cum-S.T.F. Head, Purnea, District Purnea. 3. Electrical Executive Engineer, Electric Supply Division, Purnea, District Purnea.

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Assistant Electrical Engineer -cum- Assessing Officer, Electric Supply Division, Purnea, District Purnea.

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Deputy Collector -cum- Appellate Authority of Electricity, Purnea, District Purnea.

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.... .... Respondent/s

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

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For the Petitioner/s : Mr. Jitendra Prasad Singh For the Respondent/s : Mr. Anand Kumar Ojha

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====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

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2 18-12-2014 Heard Mr. Jitendra Prasad Singh, learned counsel appearing on behalf of the petitioner and Mr. Anand Kumar Ojha for the respondents.

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The petitioner in substance complains of noncompliance of the direction passed by this Court in CWJC No.7389 of 2013, whereby this Court while disposing of the writ petition had directed the appellate authority to consider the appeal of the petitioner as also to pass an appropriate order on the prayer made by the petitioner with respect to restoration of

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his electrical connection on provisional basis subject to result of

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Patna High Court CWJC No.9828 of 2014 (2) dt.18-12-2014

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the appeal. The complaint of the petitioner is that the order has not been complied and since no specific time period was mentioned in the order hence this writ petition.

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Having heard learned counsel for the parties, it is apparent from the grievance raised herein that the appellate authority has not ensured compliance of the order and direction of this Court passed in CWJC No.7389 of 2013 and thus primafacie, he has made himself liable for being proceeded in contempt jurisdiction.

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Having observed as such, the writ petition is disposed of with the liberty to the petitioner to file an appropriate application before an appropriate forum in respect of his plea regarding non-compliance of the direction of this Court by the appellate authority.

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(Jyoti Saran, J)

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SKPathak/-

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M/s Shankar Motors Pvt. Ltd. v. North Bihar Power Distribution Company Ltd. and Ors.

Case brief

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M/s Shankar Motors Pvt. Ltd. v. North Bihar Power Distribution Company Ltd. and Ors.

Case brief

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What did the court decide?

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