Patna High CourtCWJC/14009/2012disposed

Mithilesh Kumar v. The Bihar State Electricity Board Through Its Chairman Andors.

2015-08-10Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14009 of 2012 ====================================================== Mithilesh Kumar Son Of Sri Kaleshwar Prasad Singh Resident Of Arya Kumar Road, Rajendra Nagar, P.S. Kadam Kuan District- Patna, Consumer No. 381827 . .... Petitioner

Versus

1. The Bihar State Electricity Board Through Its Chairman, Vidyut Bhawan Bailey Road, Patna

2. The Financial Controls (Rev.) Bihar State Electricity Board, Department Of Revenue, Bailey Road, Patna

3. The Assessing Officer-Cum-Electrical Executive Engineer, Electric Supply Centre, Null Rajendra Nagar, Patna

4. The Assistant Electrical Engineer, Electric Supply Centre, Rajendra Nagar, Patna

5. The Assistant Electrical Engineer, M.R.T., Pesu (E) Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Prakash Kumar, Advocate For the Respondents : Mr. Vinay Kirti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10-08-2015 The petitioner prays for refund of 50% of punitive bill of Rs.6,20,396/- which he was forced to deposit with the Company. The petitioner submits that he runs a coaching institute in the name of Sahil Study Circle, Arya Kumar road, Patna for which 16 KW and later 20 KW load had been sanctioned. Grievance of the petitioner is that the Company has issued unreasonable bill.

Counter affidavit has been filed stating that final assessment has been done under section 126 of the Electricity Act and the petitioner has the remedy of appeal against assessment order.

The writ petition is disposed of with liberty to the

Patna High Court CWJC No.14009 of 2012 (3) dt.10-08-2015 2/2 petitioner to file an appeal against the final assessment order which would be disposed of by the appellate authority expeditiously.

The petitioner may raise the grievance of refund of 50% of the aforesaid punitive bill deposited by him under pressure, before the appellate authority.

(Samarendra Pratap Singh, J) Shashi.