Bhupesh Kumar v. The Bihar State Electricity Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20977 of 2013 ====================================================== Bhupesh Kumar, Son of Sri Shilanath Lal, resident of Road No. 12, Rajendra Nagar, Patna- 16, Police Station- Kadamkuan, District- Patna .... .... Petitioner

Versus

1. The Bihar State Electricity Board through its Chairman, Bailey Road, Patna

2. The South Bihar Power Distribution Company Ltd., through its Managing Director, Bailey Road, Patna- 1

3. The Chief Engineer, S.B.P.D.C.L., Bailey Road, Patna

4. The Executive Engineer, Electric Division, S.B.P.D.C.L., Rajendra Nagar, Patna- 16

5. The Assistant Engineer, Electric Sub-Division, S.B.P.D.C.L., Rajendra Nagar, Patna- 16 .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suraj Narain Yadav For the Respondent/s : Mr. Vinay Kirti Singh ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner and the respondents.

The petitioner runs a girls hostel in Rajendra Nagar, Patna, in the name and style of Gurukul Mahila Chhatrawas. He has NDS-III category connection. The premises of the petitioner was inspected on 10.06.2013. The seal of the meter box was found tampered, meter body seal and meter terminal seal were also found tampered. On testing with Tong tester, it was found that the current was flowing at 1/2 of its strength. A punitive bill of Rs. 5,82,147/- was raised and a compounding charge to the tune of Rs.1,60,000/- was also charged.

Patna High Court CWJC No.20977 of 2013 (3) dt.08-10-2015 2 / 2 The petitioner paid both the compounding fee (Rs. 1,60,000/-) as well as the punitive bill (Rs.5,82,147/-) so assessed. The petitioner seeks quashing of the punitive energy bill, dated 10.06.2013, and also the compounding energy bill of Rs. 1,60,000/-. He has denied the allegations and charges that either the meter or the seal was tampered.

In my view, the petitioner can raise all these objections under Section 126 of the Electricity Act before the Assessing Officer. In case, any such objection is filed, the same would be disposed of in accordance with law after giving an opportunity of hearing to the petitioner.

This Court has not expressed any opinion on the merit of the case.

This writ application stands disposed of.

(Samarendra Pratap Singh, J) Uday/- U