Disposed

Shri Sanjay Kumar v. The State Of Bihar and Ors.

Patna HC24 Apr 2018CWJC/19397/2017

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition challenging electricity disconnection. The Court held that grievances should be raised before the Ombudsman under Section 42(6) of the Electricity Act, 2003 after the petitioner complied with proviso to Section 56(1) by making payment. Restoration of supply must be sought before the Ombudsman.

What did the court decide?

Petitioner directed to raise grievance before the Ombudsman; immediate restoration of power supply to be decided by Ombudsman.

Shri Sanjay Kumar Vs The State Of Bihar and Ors. — Consumer Protection | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.19397 of 2017

¶3

===========================================================

¶4

Shri Sanjay Kumar, Son of Shri Yadvendra Krishna Prasad Singh, Sitaram Bhavan, Vachaspati Nagar, Kumhrar, Patna.

¶5

.... .... Petitioner

¶6

Versus

¶7

The State of Bihar through the Principal Secretary, Energy Department, 3rd Secretariat, Harding Road, Patna.

¶8

The South Bihar Power Distribution Company Limited, through its Chairman, Vidyut Bhavan, Bailey Road, Patna.

¶9

The Managing Director, South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna.

¶10

The General Manager, Revenue, South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna.

¶11

The Electrical Executive Engineer, South Bihar Power Distribution Company Limited, Electricity Supply Division, Gaya Ghat, Gulzarbagh, near Kumhrar Railway Crossing, Patna.

¶12

Assistant Electrical Engineer, Revenue, South Bihar Power Distribution Company Limited, Gulzarbagh division, Near Kumhrar Railway Crossing, Patna.

¶13

The Sub Divisional Officer, Revenue, South Bihar Power Distribution Company Limited, Electricity Supply Division, Gaya Ghat, Gulzarbagh, near Kumhrar Railway Crossing, Patna.

¶14

The Junior Engineer, South Bihar Power Distribution Company Limited, Electricity Supply Division, Gulzarbagh, Near Kumhrar Railway Crossing, Patna.

¶15

.... .... Respondents

¶16

=========================================================== Appearance : For the Petitioner : Mr. Nishant Kumar, Mr. Shashank Chandra, Advocates For the State : Mr. Ranjay Kr. Verma, AC to SC6 For Power Company : Mr. Vinay Kirti Singh, Sr. Advocate Mr. Ahileshwar Singh, Mr. Vijay Kr. Verma, Advocates

¶17

=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 24-04-2018

¶18

The present writ petition has been filed for quashing the

¶19

order contained in letter no. 1720, dated 14.10.2017 passed by the Respondent No. 6, and also for quashing the letter dated 14.10.2017 passed by the Respondent No. 8; and to reinstate power supply of the dwelling house of the petitioner with immediate effect.

¶20

Patna High Court CWJC No.19397 of 2017 dt.24-04-2018

¶21

2/3

¶22

I.A. No. 2032 of 2018

¶23

The interlocutory application has been filed with the prayer for amendment of the relevant portion of the prayer in the writ petition by adding the following prayer –

¶24

“1A. That the petitioner also prays for quashing the order dated 20.01.2018 passed by the Learned CGRF in entirety, whereby and wherein the Petitioner has been held liable to pay the electricity charges under the bills raised by the Respondents, and wherein the Learned CGRP has dismissed the complaint of the Petitioner, without considering the pleadings of the Petitioner in light of concerned legal provisions.”

¶25

Having regard to the nature of the prayer, the interlocutory application is allowed and the same shall be treated as forming part of the writ petition.

¶26

CWJC No. 19397 of 2017

¶27

Learned counsel for the petitioner submits that disconnection of electric connection of the residential premises of the petitioner is wholly arbitrary. In any event, the petitioner, while filing a complaint before the CGRF, duly made payment of Rs. 3500/- under protest by way of average consumption of power in the past six months in compliance of the proviso to Section 56(1) of the Electricity Act, 2003 to avoid disconnection but however, the same has not even been considered by the CGRF and electricity was disconnected during the pendency of the dispute before CGRF.

¶28

Patna High Court CWJC No.19397 of 2017 dt.24-04-2018

¶29

3/3

¶30

Learned counsel for the respondent-Power Company appears and has been heard.

¶31

Having regard to the nature of the grievance of the petitioner, this Court is of the view that the petitioner ought to have raised his grievances before the Ombudsman in terms of Section 42(6) of the Electricity Act for redressal of the grievances. In case the petitioner files an appropriate representation before the Ombudsman, the same shall be considered and disposed of in accordance with law expeditiously. In the meantime, considering that the petitioner has complied with the provisions of proviso to Section 56(1) of the Electricity Act, it will be open to the petitioner to raise the issue relating to restoration of the electricity before the Ombudsman which shall be decided on its own merits and in accordance with law.

¶32

The writ petition accordingly stands disposed of.

¶33

B.T/Chandran

¶34

(Vikash Jain, J)

¶35

AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	24.04.2018
Transmission Date	N.A.

Shri Sanjay Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Shri Sanjay Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ram Binay Prasad Yadav Vs The State Of Bihar and Ors.

Rinku Devi Vs The State Of Bihar and Ors.

Smt. Siya Devi Vs The State Of Bihar and Ors.

Nirmala Devi Vs The Bihar State Power Holding Company Limited and Ors.

Gopal Agrawal Vs The State Of Bihar and Ors.

Hotel Samrat International Vs South Bihar Power Distribution Company Ltd. and Ors.