Indu Jaiswal v. South Bihar Power Distribution Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7762 of 2022 ====================================================== Indu Jaiswal Wife of Nawin Chandra Jaiswal Resident of Mohalla- Rai Jai Krishna Road, Gurhatta, P.S. Khajekalan, Patna- 800008. ... ... Petitioner/s

Versus

1.

South Bihar Power Distribution Company Limited through its Managing Director (formerly Bihar State Electricity Board), Vidyut Bhawan, Bailey Road, Patna.

2.

The Executive Engineer (Electrical), South Bihar Power Distribution Company Limited, Electric Supply Division, Patna City, District- Patna. 3.

Assistant Electrical Engineer, South Bihar Power Distribution Company Limited, Electric Supply Sub-Division, Patna City, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Prasad, Adv For the SBPDCL :

Dr. Anand Kumar, Adv ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 27-07-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "(i) For issuance of a direction to the respondent authority for grant of new electric domestic connection to the petitioner's premises without any delay.

(ii) For issuance of a direction to dispose of the representation filed by the petitioner on 23.03.2022 which is Contained in Annexure-1 of this writ application."

2/4 After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the respondent no. 2 Executive Engineer (Electrical), South Bihar Power Distribution Company Limited, Electric Supply Division, Patna City, District- Patna, to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of four months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of on the following terms:- (a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the grievance(s); (b) The authority concerned shall consider and dispose

3/4 it of expeditiously by a reasoned and speaking order preferably within a period of four months from the date of its filing along with a copy of this order;

(c) The order assigning reasons shall be communicated to the petitioner;

(d) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (e) Also, opportunity to place on record all relevant materials/documents shall be granted to the parties; (f) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(g) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (h) Liberty reserved to the petitioner to approach the appropriate forum/Court, should the need so arise subsequently on the same and subsequent cause of action;

(i) We have not expressed any opinion on merits. All issues are left open;

4/4 The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA