Sonu Kumar Mishra v. The South Bihar Power Distribution Company Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16084 of 2017 =========================================================== Sonu Kumar Mishra S/o Late Braj Mohan Mishra, Proprietor Mahabir Modern Mini Rice Mill, Monia Bigha, Dalmiya Nagar, P.S.-Dalmiya Nagar, DistrictRohtas at Sasaram. .... .... Petitioner

Versus

1. The South Bihar Power Distribution Company Limited through its Managing Director.

2. The Managing Director, Sought Bihar Power Distribution Limited, Bailey Road, Patna.

3. The Electrical Executive Engineer, Supply Section, Dalmiya Nagar, DistrictRohtas.

4. The Junior Electric Engineer, Electric Supply Section, Dalmiya Nagar, Rohtas. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Anil Kr Singh No. 6, Advocate. For the Respondents : Mr. Vinay Kirti Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 08-01-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for the following reliefs:

"(i) To re-consider and reduce the amount of electric bills of the petitioner dated 25.02.2017, 30.06.2017 and 15.08.2017 for the amount of Rs. 78,883/-, Rs. 8,02,457/- and Rs. 11,31,103/- respectively which has been sent to him for their payment for consuming the electric by him in his Mahabir Modern Rice Mill, Monia Bigha, Dalmiya Nagar in the District- Rohtas which is completely excessive in the ratio of earlier bill amount of the year 2014-2015 and 2016.

(ii) To direct the respondents to connect the rice mill of the petitioner from the electric so that the rice mill of the petition be also run in the year 2018.

(iii) And/or for any other appropriate relief(s) to the petitioner for which be may be found entitled to in the eye of law."

3. Learned counsel for the petitioner submits that the petitioner is running a rice mill which is seasonal in nature and as against the electric bill raised for Rs. 5,04,551/- for the corresponding period in the preceding year, an exceptional high electric bill dated 15.08.2017 ( Anexure-5) for Rs. 11,11,835/- has been raised and in respect of which a representation dated 14.09.2017 has already been filed before the Managing Director, South Bihar Power Distribution Limited, Patna ( respondent no. 2) which is still pending.

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

5. Having regard to the nature of the grievance of the petitioner and in the interest of justice, this Court directs that if the petitioner makes payment of 50% of the amount raised in the bill dated 15.08.2017 (Annexure-5), the electric connection of the petitioner shall be restored within 24 hours thereof. Such restoration of electric connection shall abide by the decision taken on the representation dated 14.09.2017 (Annexure-6) by the Managing Director, South Bihar Power Distribution Limited, Patna ( respondent

no. 2).

6. It is made clear that on disposal of the representation, if any further amount is found payable by the petitioner, the petitioner shall pay the same on such instalments as may be fixed, in default of which, the respondent- Power Company shall be at liberty once again to disconnect the electric connection of the petitioner. Alternatively, if the petitioner is found to have paid any excess amount of the legitimate dues, the same shall be refunded to the petitioner.

7. The writ petition stands allowed as above. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 09.01.2018 Transmission Date N.A.