Nand Kishor Sah v. The Bihar State Power Holding Company Limited
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3320 of 2024 ====================================================== Nand Kishor Sah Son of late Adhik lal sah Resident of shivaji colony, ward no 2, Sikandarpur, P.S.- Mojahidpur, District Bhagalpur. ... ... Petitioner/s
Versus
1.
The Bihar State Power Holding Company Limited having its office at Vidyut Bhawan, Bailey Road, through its Secretary.
2.
The Chairman cum Managing Director, Bihar State Power Holding Company Limited.
3.
The South Bihar State Power Distribution Company Limited, through its Managing Director, Vidyut Bhawan, Patna.
4.
The Electrical Superintending Engineer, Electric Supply Circle, Bhagalpur. 5.
The Electrical Superintending Engineer, Electric Supply Circle, Mojahidpur, Distt- Bhagalpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Swapnil Kumar Singh, Adv.
For the Respondent/s :
Mr. Vinay Kirti Singh, Av.
For the SBPHCL :
Dr. Anand Kumar, Adv.
Mr. Rajan Prakash, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 24-02-2025 Heard the learned counsel for the parties.
2. This writ petition has been filed for the following relief(s):- i) A writ in the nature of Mandamus commanding and directing the respondents concerned to restore the electric connection in the house of petitioner after depositing the 50% amount of loss assessed by the respondents.
ii) For a direction upon the respondent concerned to consider the grievance of the petitioner for reassessment of the amount of theft of electricity after constituting a
Patna High Court CWJC No.3320 of 2024(9) dt.24-02-2025 2/3 committee as the some of the members of the raiding party exorbitantly against the petitioner and do not want to settle the dispute amicably."
3. It is stated by the learned counsel appearing on behalf of the respondents that the petitioner has already paid 50% of the final assessment order and that the petitioner is having a remedy of filing an appeal before the appellate authority against the final assessment order.
4. Having regard to the same, this Court is not inclined to entertain the present writ petition. The present writ petition is disposed of granting liberty to the petitioner to approach the appellate authority within a period of four weeks from today. On such appeal being filed, the same shall be considered and orders passed on merits. The appellate authority shall endeavour to dispose of the appeal as expeditiously as possible preferably within a period of twelve weeks from the date of filing of the appeal by the petitioner. The authority shall grant an opportunity of hearing to the petitioner before passing any order. Any orders passed shall be communicated to the petitioner.
5. Till such time the final orders are passed, the authorities are directed not to take any coercive action against
Patna High Court CWJC No.3320 of 2024(9) dt.24-02-2025 3/3 the petitioner. The petitioner shall pay the monthly charges levied by the authority without fail.
6. With the above directions, the present writ petition stands disposed of.
(A. Abhishek Reddy , J) Gauravkr/- U