Ranvijay Narayan Singh v. The Managing Director, North Bihar Power Distribution Company And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1917 of 2017 =========================================================== Ranvijay Narayan Singh, Son of Late Nand Kishore Singh, House No. 05, Ward No. 06, Kamla Road, Jay Nagar, P.S. Jay Nagar, District - Madhubani .... .... Petitioner/s

Versus

1. The Managing Director, North Bihar Power Distribution Company, Patna, then Bihar State Electricity Board, Patna

2. The Superintending Engineer - Cum - General Manager, Mithila Electric Supply Circle, Darbhanga

3. The Executive Engineer, Electric Supply Division, Madhubani

4. The Assistant Engineer, Electric Supply Sub - Division Jai - Nagar, Madhubani

5. The Junior Engineer, Electric Supply Section, Jaynagar, Madhubani .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jeetendra Narayan, Adv. For the Respondent/s : Mr. Mr. Anand Kumar Ojha, S.C. Mr. Ashok Kumar Karn, Adv.

=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 08-05-2017 Heard learned counsel for the petitioner and counsel for the State.

The petitioner is challenging the electricity bill which has been raised and demanded for the period 2007-2013. The claim of the petitioner is that meter no. 119737 of consumer no. 213064/JAI/DS-2/3799 was installed in the premises of the petitioner in the year 2012, whereas, the electricity bill has been prepared on the basis of reading made in meter no. 97025. The petitioner has sought information through Right to Information Act, 2005 which was replied on 30.08.2016, wherefrom, it appears that the meter no. 119737 has been mentioned and, thereafter, again the

Patna High Court CWJC No.1917 of 2017 dt.08-05-2017 2/2 information sought with respect to the consumer of that meter and has been replied that the consumer is the petitioner. Thereafter, the second question was made to give the name of the consumer of meter no. 97025, but the reply was not made. The case of the petitioner again corroborated from the letter of appellate authority from where it appears that installation of the meter has been done in 2012 and arrived to a finding that certain error has been committed by the Electricity Supply Department.

No counter affidavit has been filed, but the electricity bills are sufficient to arrive a finding that the electricity bill completely suffers from illegality and the same is set aside. The matter is remitted back to the Electrical Engineer North Bihar Power Distribution Company Ltd. Electricity Supply Sub-division, Jainagar to raise correct bill on and from the date the power has been given to him not from the earlier date. With the aforesaid observation and direction, this writ petition is allowed.

(Shivaji Pandey, J.) Vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17/05/2017 Transmission Date NA