The petitioner applied for power supply and deposited a security amount but could not establish the industry. This court directed the respondent authorities to return the deposited security amount within six weeks.
Authority to return security amount deposited by the petitioner within six weeks from the date of the order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14350 of 2016
=========================================================== M/s U A L Bihaar, a unit of U A L Industries Ltd., having its local place of business at Gita Nilayam, Near Ganpati Apartment, Umesh Cinema Road, District- Vaishali through its Assistant General Manager namely S.K. Mishra S/o Late Mahesh Chandra Mishra resident of Gita Nilayam, Near Ganpati Apartment, Umesh Cinema Road, Distric- Vaishali.
.... .... Petitioner
Versus
.... .... Respondents
=========================================================== Appearance: For the Petitioner/s : Mr. Sanjeev Kumar, Adv. Mr. Rajeev Shekhar, Adv. For the Respondent/s : Mr. Vinay Kirti Singh, Senior Adv. Mr. Vijay Kumar Verma, Adv. Mr. Akhileshwar Singh, Adv.
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT
Date: 12-05-2017
Heard learned counsel for the parties.
2 . In this case, the petitioner was proposing to set up an
industry, but on account of certain reasons and objections he failed
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to establish the same. The cause of non-establishment of industry is not required to be gone into in the present proceeding as it has nothing to do with the issue which has been raised in this writ application.
3 . The petitioner in a hope to establish the industry applied for the power supply and the petitioner has also deposited the security amount. Now, the situation has come that it is impossible for him to establish the industry in the State of Bihar, which is beyond the control of the petitioner, so he wants that whatever the money he has deposited as security amount be returned to him.
4. Learned counsel for the North Bihar Power Distribution Company submits that once the security amount has been deposited unless there is a disconnection of power and determination of the contract, the money cannot be returned as supply code does not deal with situation prevailing in the present case.
5. If the amount has been deposited as security amount and the consumer who was contemplating to establish the industry is not in a position to establish the same, in such circumstance, taking plea that there is no provision of return of security amount
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will led to an absurd situation. When the petitioner has deposited the security amount and is not intending to take power connection, the authority must return the security amount without delay.
6. In such view of the matter, let the respondent
authorities return the security amount to the petitioner within a period of six weeks from today.
7. With the aforesaid observations and directions, this
writ application is disposed of.
(Shivaji Pandey, J)
pawan/-
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1 issue framed by the court
Whether the security amount deposited for a power connection application must be returned when the petitioner fails to establish the industry due to circumstances beyond his control.
M/s U A L Bihaar
The North Bihar Power Distribution Co. Ltd.
The Managing Director, North Bihar Power Distribution Co. Ltd.
The General Manager cum Chief Engineer, Tirhut Electric Supply Area
The Deputy General Manager, Tirhut Electric Supply Area
The Superintending Engineer, Electric Supply Circle, Muzaffarpur
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
