M/S Patna Sahib Cherity Trust v. The North Bihar Power Distribution Company Ltd. And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15218 of 2014 ====================================================== M/s Patna Sahib Cherity Trust, through its proprietor Sukhbinder Singh, S/o S. Resham Singh, resident of Mohalla- House No.4098, Sector-68 Mohali, Punjab, at present address + P.O.- Bhagwanpur, N.H. 77, District- Vaishali .... .... Petitioner/s
Versus
1. The North Bihar Power Distribution Company Ltd., through its Managing Director, Vidhut Bhawan, Bailey Road, Patna.
2. The General Manager-Cum-Chief Engineer, Electricity Supply Area, Hajipur.
3. The Electrical Superintendent Engineer, Electric Supply Circle Division, Hajipur.
4. The Electrical Executive Engineer, Electric Supply Division, Hajipur.
5. The Assistant Electrical Engineer, Electric Supply Sub-Division, Lalganj, Hajipur.
.... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.6794 of 2015 ====================================================== M/s Patna Sahib Cherity Trust through its Proprietor Sukhbinder Singh S/o S. Resham Singh, Resident of Mohalla- House No. 4098, Sector-68 Mohali, Punjab, At Present address + P.O. Bhagwanpur, N.H. 77, Distt.- Vaishali. .... .... Petitioner/s
Versus
1. The North Bihar Power Distribution Company Ltd. through its Managing Director, Vidyut Bhawan, Bailey Road, Patna.
2. The General Manager-Cum-Chief Engineer, Electricity Supply Area, Hajipur.
3. The Electrical Superintendent Engineer, Electric Supply Circle Division, Hajipur.
4. The Electrical Executive Engineer, Electric Supply Division, Hajipur.
5. The Assistant Electrical Engineer, Electric Supply Sub Division, Lalganj, Hajipur.
.... .... Respondent/s ====================================================== Appearance :
(In CWJC No.15218 of 2014) For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate Mr. Pranav Kumar Jha, Advocate For Respondent-NBPDCL: Mr. Ratan Prasad Sinha, Advocate (In CWJC No.6794 of 2015) For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate Mr. Pranav Kumar Jha, Advocate For Respondent-NBPDCL: Mr. Ratan Prasad Sinha, Advocate ======================================================
Patna High Court CWJC No.15218 of 2014 (4) dt.22-08-2017 2/3 CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-08-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent-North Bihar Power Distribution Company Ltd.
Learned counsel for the petitioner submits, very fairly, that the matter can be relegated to the appellate authority in view of the specific provision of law. He further submits that since the institution is a Charitable Institution and the education of the children is suffering, the petitioner is willing to deposit presently a sum of Rs.10,00,000/- (Ten lacs) so that the line may be restored and the Institution may run smoothly. He further submits that the petitioner shall appear before the appellate authority after depositing Rs.10,00,000/- (Ten lacs) within a period of two weeks from the date of production of the present order. He further submits that the respondents may be directed, on deposit of the said Rs.10,00,000/- (Ten lacs), to restore his electricity connection.
In view of such submissions and without entering into the merits and without prejudice to the case of the parties, let the petitioner deposit the said amount within a period of two weeks. The respondents shall then reconnect the electricity connection of the petitioner within a period of one week thereafter. The deposits
Patna High Court CWJC No.15218 of 2014 (4) dt.22-08-2017 3/3 made by the petitioner shall, of course, be subject to the result of the appeal and any order which may be passed therein. The current consumption charges shall be required to be paid by the petitioner in accordance with the rules under the Electricity Act. It is made clear that the final result of the appeal shall alone guide the authority as well as the petitioner. With the aforementioned observations/directions, both these writ applications are disposed of.
(Anjana Mishra, J) PNM U