Oral order granting 4 weeks reprieve for petitioner to approach Grievance Redressal Forum for dispute over cold storage electricity dues amid alleged tenancy mismatch.
No coercive steps to be taken for four weeks to enable petitioner to move the Grievance Redressal Forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10931 of 2015
2 05-08-2015 The petitioner prays to quash Letter no. 957 dated 8.7.2015, issued by respondent no.5 directing him to pay Rs.1,63,09,403/- by 23.7.2015 towards outstanding electricity dues against the cold storage.
The petitioner submits that he runs the cold storage in view of a lease agreement with Agriculture Produce market Committee (dissolved), Mussellahpur for a period of 5 years starting from April, 2012. He submits that in fact the said cold storage was earlier taken on rent by Braj Bhushan Prasad Yadav and others and the instant bill is of those periods and he should not be saddled with the energy arrears which were to be paid by
Patna High Court CWJC No.10931 of 2015 (2) dt.05-08-2015
2/2
earlier tenants.
In my view, the Company also ought to have been vigilant in not permitting the energy bill to swell to such proportion. The Power company would be obliged to give detailed break up of the bill and the period since it is pending.
The petitioner would be at liberty to approach the Grievance Redressal Forum to resolve the dispute. No coercive steps would be taken against the petitioner for four weeks to enable him to move the Forum.
It is expected that the matter would be disposed of expeditiously.
The writ petition is disposed of with the aforesaid direction.
(Samarendra Pratap Singh, J)
Shashi.
U
2 issues framed by the court
Whether the petitioner should be granted time to approach the Grievance Redressal Forum before coercive steps are taken for payment of dues.
Whether the power company fulfilled its obligation to provide a detailed breakup of the electricity bill.
JHURKHUN RAY
BIHAR STATE POWER HOLDING COMPANY LIMITED
CHIEF MANAGING DIRECTOR, BIHAR STATE POWER HOLDING COMPANY LIMITED
CHAIRMAN, BIHAR STATE POWER HOLDING COMPANY LIMITED
SECRETARY, BIHAR STATE POWER HOLDING COMPANY LIMITED
ELECTRICAL EXECUTIVE ENGINEER, HT CELL/SBPDCL
SAMARENDRA PRATAP SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
