Sachida Nand Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17850 of 2017 =========================================================== Sachida Nand Mishra, Son of Late Kapil Deo Mishra, Resident of Chirayatand High School Lane, P.O.- G.P.O., P.S.- Kankarbagh, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Energy Department, Govt. of Bihar.

2. The Bihar State Electricity Board, Vidhyut Bhawan, Bailey Road, Patna.

3. The Electrical Superintending Engineer, 2nd Floor Shivalay Market, Ashok Rajpath, P.O. & P.S.- Pirbahore, District- Patna.

4. The Electrical Executive Engineer, the South Bihar Power Distribution Co. Ltd., at Kankarbagh Division (PESU) (E) Patna- 800020.

5. The Assistant Electrical Engineer, the South Bihar Power Distribution Co. Ltd., at Kankarbagh Division (PESU) (E) Patna- 800020. .... .... Respondents =========================================================== Appearance:

For the Petitioner : Mr. Yogesh Chandra Verma, Sr. Adv Mr. Javed Aslam, Advocate Mr. Anuj Kumar, Advocate For the State : Mr. Kinkar Kumar - SC9 For the SBPDC Ltd. : Mrs. Nivedita Nirvikar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 14-03-2018 The present writ petition has been filed for the following reliefs :- (i) To restore forthwith the electric connection to the house of the petitioner located at Chirayatand High School Gali falling within Patna Town having consumer no.

010102155389D.

(ii) To direct the respondent authority (respondent no. 2) to cancel/quash the bill dated 21.06.2015 as the same is miscalculated, wrong, illegal and

Patna High Court CWJC No.17850 of 2017 dt.14-03-2018 arbitrary,.

(iii) To direct the respondent authority to restrain from any further disconnection of electricity. (iv) To direct the respondent authority to clarify the reason for sending a second bill in the same month since the first bill was settled and no outstanding des were left.

(v) To any other relief/s to which the petitioner is found entitled to.

2. Without going into the detailed merits of the matter, Mr. Yogesh Chandra Verma, learned senior counsel appearing on behalf of the petitioner submits that an amount of Rs. 3,24,386/- remains outstanding against the petitioner as evident from the recent bill dated 12.03.2018, a photocopy whereof has been placed on record. It is stated that the petitioner is ready and willing to liquidate the entire dues, making an immediate payment of Rs. 1,00,000/- (Rupees one lakh only) to be followed by monthly instalments of Rs. 50,000/- until the entire dues are cleared.

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

4. Having regard to the nature of the grievance of the petitioner and his undertaking as above, the present writ petition is disposed of with a direction to the respondent-Power Company to restore the electric connection of the petitioner within 24 hours upon payment of an amount of Rs.1,00,000/- (Rupees one lakh only) against the total outstanding amount of Rs. 3,24,386/- as per bill dated 12.03.2018 outstanding against the petitioner. The petitioner shall thereafter make payment in monthly instalments of Rs. 50,000/- each and the fractional amount in the last month against the outstanding dues as aforesaid.

5. It is made clear that any default made by the petitioner in

Patna High Court CWJC No.17850 of 2017 dt.14-03-2018 making payment of any of the instalments, the respondent-power company shall be at liberty to once again effect disconnection of the petitioner's electric connection.

6. The writ petition stands disposed of as above. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 15.03.2018 Transmission Date NA