Uday Shankar Singh v. The South Bihar Power Distribution Company Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22086 of 2013 ====================================================== Uday Shankar Singh Son Of Late Kamta Singh R/O Junior Engineer'S Quarters, P.W.D. Colony, Near Bunglow No. 2, P.S- Rajgir, District - Nalanda, Bihar.

.... .... Petitioner/s

Versus

1. The South Bihar Power Distribution Company Ltd, Through Its Managing Director, Vidyut Bhawan, Baily Road, Patna.

2. The Electrical Superintending Engineer, Biharsharif Electric Supply Circle, Biharsharif.

3. The Electrical Executive Engineer, Bihar State Electricity Board, Electric Supply Division, Rajgir, Distt- Nalanda At Biharsharif.

4. The Assistant Engineer, Bihar State Electricity Board, Electric Supply Sub- Division, Rajgir, Distt- Nalanda .

5. The Junior Electrical Engineer, Rajgir, Distt- Nalanda. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s : Sri Ratan Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner and Sri Ratan Prasad Sinha, learned counsel who has appeared on behalf of the respondent / South Bihar Power Distribution Co. Ltd. The petitioner, invoking civil writ jurisdiction of this court under Article 226 of the Constitution of India has approached this court with a prayer to direct the respondents to connect their electric line and also commanding the respondents to withdraw the F.I.R. vide Rajgir P.S. Case No. 99 of 2013 registered under Section 135 of the Indian Electricity Act 2003. In this case a counter affidavit has been filed and it has

Patna High Court CWJC No.22086 of 2013 (8) dt.04-02-2016 2/2 been indicated that on allegation of committing theft of electricity through applying toka an F.I.R. was lodged and it has also been pleaded that it was not a case of disconnection since the allegation was for the use of electricity through toka, there cannot be a case for either disconnection or re-connection. The court is of the opinion that while exercising civil writ jurisdiction the issue pertaining to criminal case particularly in case where F.I.R. has been registered, no positive order can be passed.

The writ petition stands dismissed.

(Rakesh Kumar, J) Praful/- U