Shambhu Kumar v. The Chairman, Bihar Electricity Board And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18763 of 2015 ===========================================================
1. Shambhu Kumar Son of Shiv shankar Prasad Resident of Mohalla- Bankipore Gorakh, Po & P.s Fatuhan District Patna.
.... .... Petitioner/s
Versus
1. The Chairman, Bihar Electricity Board , Bihar,Patna.
2. The Chief Engineer-cum-Commercial officer (Ashok kumar Singh) Electricity Board, South Bihar, Patna.
3. The Director, South Bihar Power Distribution Company Ltd. Patna.
4. The Junior Engineer, Fatuhan Division, Bihar Electrictiy Board, Patna. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar No. 1, Advocate. For the Respondent/s : Mr. Vinay Kirti Singh, Sr. Advocate Mr. Vijay Kumar Verma, Mr. Akhileshwar Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 18-07-2017 Heard learned counsel for the petitioner and learned counsel for the South Bihar Power Distribution Company Ltd. In the present case, petitioner is seeking relief for granting commercial electric connection as he is intending to start an ice cream factory and having deposited the fees of Rs.14,400 as security deposit, Rs. 1500 as current consumption charge and Rs.300 as advance consumption charge which is essential compliance for having commercial electric power. It appears from the record that Power Distribution Company has denied to give commercial power connection on
the ground that there was outstanding dues of Rs. 8,83,343/- against Uday Kumar, son of Bhola Nath Gupa who is also in occupation of the same house but learned counsel for the petitioner submits that Uday Kumar happens to be his cousin brother, family has entered into partition in the year 1995 since than both have no connection to each other and petitioner is seeking power connection for the premises which has been allotted to him but outstanding dues is standing against the another premises belongs to Uday kumar not the petitioner. There is no outstanding dues against the petitioner nor any criminal case of any nature has been lodged against him whereas he has already deposited the requisite fees so he cannot be deprived for grant of power of running the commercial business.
Admittedly from the counter affidavit it appears that in the raid conducted by the respondent Company and it was found that Uday Kumar was committing theft and was using the power illegally whereupon bill has been raised for Rs. 8,83,343. Petitioner has a separate premise, has nothing to do with Uday Kumar, he intends to initiate a commercial business.
deposited the necessary fees, in such circumstance, the petitioner must be provided the power with respect to his premises and Power Distribution Company will be liberty to realize the amount from Uday Kumar as per law. The Power Distribution Company will grant power to the petitioner within a period of two weeks from the date of receipt/production of a copy of this order. With the aforesaid observation and direction this writ petition is disposed of.
(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.7.2017 Transmission Date NA