Bharat Kumar Jha v. The North Bihar Power Distribution Company Ltd.,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4257 of 2023 ====================================================== Bharat Kumar Jha Son of Munna Jha Resident of Village-Goari, Ward No. 01, P.O.-Nanauti, P.S.-Basnahi, District-Saharsa ... Petitioner

Versus

1.

The North Bihar Power Distribution Company Ltd., Bailey Road, Patna through its Managing Director.

2.

The Managing Director, North Bihar Power Distribution Company Ltd., Bailey Road, Patna.

3.

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

4.

The Executive Engineer, North Bihar Power Distribution Company Ltd., Electric Supply Division, Simri Bakhtiyarpur, District-Saharsa. 5.

The Assistant Electrical Engineer, North Bihar Power Distribution Company Ltd., Electric Supply Sub-Division, More (Sonbarsa Raj), Simri Bakhtiyarpur, District-Saharsa.

6.

The Junior Electrical Engineer, Electric Supply Section, More (Sonbarsa Raj) Simri Bakhtiyarpur, District-Saharsa.

7.

Durganand Yadav S/o Satyanarayan Yadav Resident of Village-Kadmaha, P.O.-Mugraha, P.S.-Marauna, District-Supaul, Junior Electrical Enginer, Electric Supply Section Mora (Sonbarsa Raj), Simri Bakhtiyarpur, DistrictSaharsa. ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Pramod Mishra, Adv.

For the Respondents :

Mr.Vinay Kirti Singh, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 12-12-2023 Heard the learned counsel for the parties.

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

"................ for issuance of appropriate order/orders, direction/directions, writ/writs, preferably in the nature of Mandamus, commanding and directing the Respondent authority concerned to enquire into the misdeed committed by the Respondent No.6, the Junior Electrical Engineer, Electric Supply Section, Mora (Sonbarsa Raj), Simri Bakhtiyarpur, District-Saharsa regarding illegally and whimsically harassing and torturing the poor petitioner by way of lodging an F.I.R. bearing

Patna High Court CWJC No.4257 of 2023(12) dt.12-12-2023 2/3 Basnahi P.S. Case No. 243/2022 dated 07.12.2022 U/S 135 of Indian Electricity Act-2003 alleging therein that petitioner is found using the electricity through Toka (टोका) in service wire and thereby committed loss of Rs.95589.00 to the Electric Department; without verifying the meter already installed in the house of petitioner having Consumer No.

10530071594 (in name of grandfather of petitioner namely Sadashiv Jha) and that too without verifying that the petitioner has been paying the electricity bills on regular basis; with a further prayer to direct the Respondent authority concerned to restore the electric supply of petitioner forthwith because petitioner and his family members is being compelled to live in darkness despite the fact that petitioner has been paying the electricity bill regularly; but the Respondent No.6 only with a view to extort illegal money from the bonafide consumers, creating terror in the locality and firstly disconnected the electric supply and thereafter got instituted the F.I.R. alleging allegation of theft of electricity for which a public petition has also been submitted in this regard, but no any action has been taken.

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

3. Learned counsel for the petitioner has stated that he has already given a representation to the authority concerned, i.e., Respondent No. 4 and a direction be given to the Respondent No. 4 to dispose off the said representation.

4. Learned counsel for the respondents has stated that he has no objection if direction be given to the Respondent No. 4 to dispose off the said representation in accordance with law.

5. Having regard to the above made submissions, the

Patna High Court CWJC No.4257 of 2023(12) dt.12-12-2023 3/3 writ petition is disposed off with a direction to Respondent No. 4 to consider the representation, dated 05.12.2022 (Annexure 4), made by the petitioner as expeditiously as possibly preferably within a period of four weeks from the date of receipt of a copy of this order. Any order passed shall be communicated to the parties.

6. With the above directions, this writ petition is disposed off.

(A. Abhishek Reddy , J) Shamshad/- U