Ajay Kumar Agrawal And ANR v. The South Bihar Power Distribution Company And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3709 of 2015 ===========================================================

1. Ajay Kumar Agrawal

2. Naresh Kumar Agrawal Both sons of Deendayal Agrawal, resident of mohallaExhibition Road, Sahyogi Press Lane, Police Station - Gandhi Maidan, in the town and District of Patna.

.... .... Petitioner/s

Versus

1. The South Bihar Power Distribution Company (previously known as 'The Bihar State Electricity Board'), through its Chairman, Bailey Road (Jawaharlal Nehru Path), Patna.

2. The Electrical Executive Engineer, South Bihar Power Distribution Company (previously known as 'the Bihar State Electricity Board'), Patna Urban Division, Bandar Bagicha, District- Patna.

3. Assistant Electrical Engineer, South Bihar Power Distribution Company, (previously known as 'the Bihar State Electricity Board), Electric Supply SubDivision, Kadamkuan, District- Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajay Prasad, Adv. For the Respondent/s : Mr. Vinay Kirti Singh, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 19-11-2016 None appears on behalf of the petitioners.

Mr. Vinay Kirti Singh learned Senior counsel appearing for the respondent- Distribution Company appears and submits that the bill in question relates to the arrears outstanding against the petitioner at the time of replacement of the meter pursuant to the orders passed by this Court on a dispute raised by the petitioner in C.W.J.C.No.24548 of 2013. He submits that it is acting in pursuant to the order of this Court present at Annexure-3 that the meter was changed and a bill for arrears has been raised but which has been avoided by the petitioner to

Patna High Court CWJC No.3709 of 2015 dt.19-11-2016 2/2 prefer the writ petition. He further submits that in case the petitioner is aggrieved by the correctness of the bill the appropriate forum in this regard would be the Consumer Grievance Redressal Forum constituted under Section 42(5) of the Electricity Act (hereinafter referred to as 'the Act').

Having heard learned counsel for the respondents and in absence of the counsel for the petitioners, the writ petition stands disposed of with liberty to the petitioners if so advised to question the bill in question before the appropriate forum constituted under Section 42(5) of 'the Act'.

(Jyoti Saran, J) Bibhash/- NAFR CAV DATE Uploading Date 21.11.16 Transmission Date