M/S Natraj Transmission And ANR v. Bihar State Electricity Boardand

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13459 of 2010 ======================================================

1. M/S Natraj Transmission, Lakshman Sahay Lane, Station Road, Gaya through its Proprietor Chandrashekhar Prasad Singh S/O Late Harihar Singh

2. Chandrashekhar Prasad Singh, Proprietor of M/S Natraj Transmission S/O Late Harihar Singh R/O Gol Bagicha, Gabra, P.S.Kotwali, Distt-Gaya .... .... Petitioner/s

Versus

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

2. The Electrical Superintending Engineer, Gaya Electrical Supply Circle Gaya

3. The Electrical Executive Engineer, Electric Supply Division, Jehanabad

4. Electrical Executive Engineer, Central Store, Gaya

5. Assistant Electrical Engineer, Electric Supply Sub-Division, Jehanabad

6. Accounts Officer, Electric Supply Circle, Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kr.Sinha, Advocate For the Respondent/s : Mr. Vinay Kirti Singh,. Advocate Mr.Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ------------- 02-04-2015 Heard the parties. In view of the nature of grievances/claims raised on behalf of the petitioners, fully delineated in paragraph 1 as also other paragraphs of the writ petition, this Court is of the opinion that, in stead of deciding the matter by this Court, as certain disputed questions of fact are required to be resolved, the interest of justice shall be subserved if the petitioners are granted liberty to file a comprehensive representation before the Electrical Superintending Engineer, Gaya, Electrical Supply Circle, Gaya (respondent no.2) with all supporting documents, raising all the pleas which have been raised in the present writ petition. It is ordered accordingly.

If such a comprehensive representation is filed on

Patna High Court CWJC No.13459 of 2010 (5) dt.02-04-2015 2/2 behalf of the petitioners within a period of four weeks from today with a certified copy of the present order, then the respondent no.2 either himself or any other competent authority shall be obliged to consider and decide the claims of the petitioners, after giving an opportunity of hearing to them and all other concerned persons, by a reasoned and speaking order at an early date preferably within a period of three months from the date of filing of such representation by the petitioners.

If on consideration of the materials, the competent authority comes to a conclusion that the claims raised in behalf petitioners are admissible to them, then consequential orders shall also be issued for grant of such admissible claims without any unnecessary further delay.

This is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioners and this is left to be decided by the competent authority strictly in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Tahir/- U