Yamuna Singh v. The Bihar State Power (Holding) Company Limited
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2316 of 2023 ====================================================== Yamuna Singh S/o Late Shiv Bachan Singh, Resident of Village - Karigaon, P.S. - Mohaniya, District - Kaimur (Bhabua).
... ... Petitioner/s
Versus
1.
The Bihar State Power (Holding) Company Limited Vidyut Bhawan, Bailey Road, Patna through its Chairman-cum-Managing Director. 2.
The South Bihar Power Distribution company Limited, Vidut Bhawan, Bailey Road, Patna through its Director.
3.
The Chief Engineer (Commercial), South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna. 4.
The District Magistrate-cum-second Appellate Authority, Public Grievance Redressal Officer, Kaimur (Bhabua).
5.
The Additional District Magistrate-cum-First Appellate Authority, Public Grievance Redressal Officer, Kaimur (Bhabua). 6.
The Sub-Divisional Public Grievance Redressal Officer, Mohaniya, Kaimur (Bhabua).
7.
The Electrical Executive Engineer, Power Supply Sub-Division, Bhabua, Kaimur.
8.
The Assistant Electrical Executive Engineer, Power Supply Division, Kudra. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyam Bihari Singh, Adv.
For the Respondent/s :
Mr. Subhash Prasad Singh ( Ga 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT Date : 10-08-2023
1. The present writ petition has been filed for the following reliefs:
"That this is an application for issuance of a writ in the nature of certiorari for quashing the order dated 17.10.2022 passed in Unique Number 531110109022201653/2A contained in Memo No. 4751/Vidhi dated 17.10.2022 by learned District. Magistrate-
2/4 Cum-Second Appellate Authority, Public Grievance Redressal Officer, Kaimur (Bhabua) (Respondent No. 4) whereby and where under the second appeal filed by the petitioner for correction in Electric Bill of Electric consumer No. 22530019444, Meter Serial No.
SB5777723, category- LTIS2D has been rejected without considering the facts and circumstances of the case and further the petitioner prayed for issuance of consequential writ in nature of mandamus commanding and directing the respondent authorities to restore the electric connection of the Industrial campus of the petitioner which had been disconnected since March, 2018 immediately after correction of wrong electric Bill and also to direct the respondent authorities to restore the electric connection of his residential house belongs to his wife namely Fulwaso Devi bearing consumer No. 22530028275 DS- IID which has been disconnected since December 2021 due to surcharge of his dues amount of Industrial campus and/or for issuance of such other writ/order/direction for which the petitioner may be found legally entitled to in
3/4 the facts and circumstances of the matter stated herein after."
2. Learned counsel for the petitioner after arguing the matter on the merits has stated that the petitioner is willing to pay the amounts due on the connection which was given to the rice mill provided he is given some installments. And that the authorities concerned may be directed to restore the power connection to the residential unit immediately.
3. Learned counsel appearing on behalf of the respondents has stated that the petitioner may make a representation to the Respondent No. 3, i.e. the Chief Engineer (Commercial), South Bihar Power Distribution Company Limited, ventilating his grievances and also an undertaking to the effect that the petitioner will pay the total amounts which are due on the rice mill and on such representation being made, the authorities concerned shall consider the same and pass necessary orders and restore the power to the residence of the petitioner.
4. Having regard to the above made submission, without going into the merits or demerits of the case, the petitioner is directed to make a representation to the authorities concerned, Respondent No. 3 i.e. the Chief Engineer (Commercial), South Bihar Power Distribution Company Limited and also given an undertaking that he will pay the total amounts due on the rice mill
4/4 within a period of three weeks from the date of the receipt of the copy of the order and on such receipt of the representation, the authorities concerned shall give an opportunity to the petitioner to pay the admitted amounts of Rs. 4,33,243/- in six monthly installements and pass necessary orders to that effect. The authorities concerned shall restore the power supply of the residential unit to the petitioner provided there are no previous dues payable on the said connection to the concerned authorities.
5. If the petitioner does not pay the admitted amounts which are payable on the rice mill, as per the scheduled installements the authorities concerned are free to take necessary action for disconnection of the power supply of the residential unit also and also for recover of the amounts due to the Corporation.
6. With the above direction, this writ petition is disposed off.
(A. Abhishek Reddy, J) Ayush/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 16.08.2023.
Transmission Date N/A