Birendra Kumar Singh, Advocate v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6471 of 2022 ====================================================== Birendra Kumar Singh, Advocate Son of Late Krishnaballabh Singh Resident of Village- Jhikatiya, P.O.- Maigra, P.S.- Imamganj, District- Gaya. ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The Chief Secretary, Government of Bihar, Patna. 3.
The Additional Chief Secretary, Energy Department, Government of Bihar, Patna.
4.
The Additional Chief Secretary, Home Department, Government of Bihar, Patna.
5.
The Director General of Police, Government of Bihar, Patna. 6.
The District Magistrate, Patna.
7.
The Senior Superintendent of Police, Patna.
8.
The South Bihar Power Holding Company Limited, Vidhyut Bhawan, Bailey Road, Patna through its Chairman.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar Singh (In Person) For the Respondent/s :
Mr.Subhash Pd. Singh (GA3) For the SBPHCL Mr. Vinay Kirti Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 18-11-2022 Petitioner has prayed for the following relief(s): "For issuance of an appropriate writ, order or direction, directing the concerned respondents specially to respondent no. 8, the
Patna High Court CWJC No.6471 of 2022(4) dt.18-11-2022 2/3 South Bihar Power Holding Company, Patna to declare illegal and void the sub-meter installed by the house owner for charging arbitrary rate upto 15-20 rupees per unit of electric bills consumed by his renter(s).
Further issue direction to the concerned respondent authorities to provide prepaid electric meter to the renter(s) with permission of house owner.
Further directing to the police department to lodge F.I.R. under section 135(C) of Indian Electricity Act against the house owner who having unauthorized sub-meter, collection unauthorized electricity charge on huge electricity rate.
Further pass any other appropriate writ/writs, order/orders or direction/directions as Your Lordships may deem fit and proper in the facts and circumstances of the case."
After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to approach respondent No. 8, namely The South Bihar Power Holding Company Limited or initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in
Patna High Court CWJC No.6471 of 2022(4) dt.18-11-2022 3/3 law.
Prayer allowed.
The petition is disposed of as withdrawn with the liberty aforesaid.
It stands clarified that all issues of fact and law are left open to be agitated by the competent authority. Interlocutory application(s), if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/DKS U