Gautam Paswan v. North Bihar Power Distribution Company Limiited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2990 of 2023 ====================================================== Gautam Paswan S/o Chandri Paswan @ Chandeshwari Paswan Resident of Village-Dhanupra, Block and P.s.-Simri Bakhtiyarpur, District-Saharsa. ... ... Petitioner/s

Versus

1.

North Bihar Power Distribution Company Limiited through its Managing Director, Patna.

2.

The Managing Director, North Bihar Power Distribution Company Limiited, Patna.

3.

The General Manager, North Bihar Power Distribution Company Limiited, Saharsa.

4.

The Executive Engineer, North Bihar Power Distribution Company Limiited, Electricity Supply Division, Saharsa. 5.

The Assistant Executive Engineer, North Bihar Power Distribution Company Limiited, Electricity Supply Division, Simri Bakhtiyarpur, Saharsa. 6.

Junior Engineer, Electricity Supply Section, Simri Bakhtiyarpur, Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Kumar, Advocate Mr. Abhishek Kumar, Advocate For the Respondent/s :

Mr. Vinay Kirti Singh, Advocate Mr. Sanjay Kumar Giri, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 20-04-2023 The petitioner, by way of this writ petition, has prayed as under:- "I. For issuance of an appropriate writ/ writs, order/ orders, direction/ directions, writ/ writs preferably in the nature of mandamus commanding and directing to the respondents concerned to restore electricity supply to the petitioner bearing connection No.

105304072761 forthwith as the petitioner is suffering huge losses due to non supply of

Patna High Court CWJC No.2990 of 2023(2) dt.20-04-2023 2/3 electricity since 13.12.2022 on which date the electricity supply of this petitioner has disconnected. Since then petitioner is moving from pillar to post and despite of repetitive request made by this petitioner for restoring his electricity supply, and the Respondents concerned is sitting tight over the matter and taking no step in this regard.

II. For issuance of further direction so that the concerned electricity supply company would accept or admitted dues of electric Bill which petitioner is always ready to pay and start the electricity supply of the petitioner so that his Flour Mill may start again which is the sole source of livelihood of this very petitioner and his entire dependent family.

III. For issuance of further directions also SO that false FI.R. lodged at the instance of authority concerned may be withdrawn.

IV. And/ or any other relief/reliefs for which the petitioner is found entitled to in the facts and circumstances of the case."

2. Since, an alternative remedy is available to the petitioner to approach the Consumer Grievances Redressal Forum, formed under Section 42(5) of the Electricity Act, which is functioning in the State of Bihar, the petitioner is granted liberty to approach the said forum for redressal of his grievance. If such an application is moved, the concerned forum shall

Patna High Court CWJC No.2990 of 2023(2) dt.20-04-2023 3/3 decide the same expeditiously within a period of thirty days of its filing.

3. Granting such liberty to the petitioner, the present application is dismissed.

(Sanjeev Prakash Sharma, J) Amrendra/- Item No. 32 U