Jhurkhun Ray v. The Bihar State Electricity Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10931 of 2015 ====================================================== JHURKHUN RAY SON OF LATE FAKIRA RAY RESIDENT OF VILLAGE AND POST BARJI POLICE STATION MOTIPUR DISTRICT MUZAFFARPUR... Petitioner

Versus

1. THE BIHAR STATE ELECTRICITY BOARD NOW BIHAR STATE POWER HOLDING COMPANY LIMITED, BAILEY ROAD, PATNA THROUGH ITS CHAIRMAN

2. THE CHIEF MANAGING DIRECTOR, BIHAR STATE ELECTRICITY BOARD NOW BIHAR STATE POWER HOLDING COMPANY LIMITED, BAILEY ROAD, PATNA

3. CHAIRMAN, BIHAR STATE ELECTRICITY BOARD NOW BIHAR STATE POWER HOLDING COMPANY LIMITED, BAILEY ROAD, PATNA

4. THE SECRETARY, BIHAR STATE ELECTRICITY BOARD NOW BIHAR STATE POWER HOLDING COMPANY LIMITED, BAILEY ROAD, PATNA

5. ELECTRICAL EXECUTIVE ENGINEER, HT CELL/SBPDCL VIDYUT BHAWAN, PATNA ..... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Mishra, Advocate For the Respondent/s : Mr. Vinay Kirti Singh and Akhileshwar Singh, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 05-08-2015 The petitioner prays to quash Letter no. 957 dated 8.7.2015, issued by respondent no.5 directing him to pay Rs.1,63,09,403/- by 23.7.2015 towards outstanding electricity dues against the cold storage.

The petitioner submits that he runs the cold storage in view of a lease agreement with Agriculture Produce market Committee (dissolved), Mussellahpur for a period of 5 years starting from April, 2012. He submits that in fact the said cold storage was earlier taken on rent by Braj Bhushan Prasad Yadav and others and the instant bill is of those periods and he should not be saddled with the energy arrears which were to be paid by

Patna High Court CWJC No.10931 of 2015 (2) dt.05-08-2015 2/2 earlier tenants.

In my view, the Company also ought to have been vigilant in not permitting the energy bill to swell to such proportion. The Power company would be obliged to give detailed break up of the bill and the period since it is pending. The petitioner would be at liberty to approach the Grievance Redressal Forum to resolve the dispute. No coercive steps would be taken against the petitioner for four weeks to enable him to move the Forum.

It is expected that the matter would be disposed of expeditiously.

The writ petition is disposed of with the aforesaid direction.

(Samarendra Pratap Singh, J) Shashi.

U