R. N. Dwiwedi Foundation v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4635 of 2019 ====================================================== R. N. Dwiwedi Foundation Shanti Kunj, Opposite Loyola High School, Industrial Estate, P.S.- Digha, Distt.- Patna, through its Managing Trustee, Sanjay Ranjan, Male, aged about 53 years son of Late Raghunandan Dwiwedi, resident of Dwivedi House, Ram Suchit Mishra Path, opp. Maheshwarkunj Apartment, East Boring Canal Road, P.O.- G.P.O., P.S.- Buddha Colony, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Energy, Govt. of Bihar, Patna 2.

The Additional District Magistrate-cum-Appellate Authority Patna 3.

The South Bihar Power Distribution Company Limited Vidyut Bhawan, Bailey Road, Patna through its Managing Director 4.

The Electrical Executive Engineer Supply, Patliputra, Patna 5.

The Assistant Electrical Engineer Electric Supply Sub-Division, Sadakat Ashram, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suraj Samdarshi, Adv.

Mr. Vijay Shankar Tiwari, Adv.

Mr. Avinash Shekhar, Adv.

For the State :

Mr. Shiv Kumar, AC to GA-3 For the Power Company : Mr. Vinay Kirti Singh, Sr.Adv. Mr. Vijay Kumar Verma, Adv.

Mr. Akhileshwar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-04-2019 Heard learned counsel for the petitioner and learned counsel representing the respondents.

Learned counsel for the petitioner submits that he is looking for a direction to the respondent no.2 to decide the appeal bearing Appeal Case No.75 of 2014 pending with the respondent no.2 and to pass final order in terms of Section 127 of the Electricity Act, 2003. It is stated that the appeal is

Patna High Court CWJC No.4635 of 2019(2) dt.05-04-2019 2/2 pending before the respondent no.2 for last five years now. Learned counsel for the respondents have no objection to the issuance of a direction to the respondent no.2 to dispose off the appeal within a reasonable period. In the aforesaid view of the matter, this Court directs the respondent no.2 i.e. the Additional District Magistrate-cumAppellate Authority, Patna to consider the appeal of the petitioner and dispose it of within a period of 90 days from the date of receipt/production of a copy of this order. This writ application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) arvind/- U