Jai Mata Di Industries v. North Bihar Power Distribution Company Ltd.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9730 of 2019 ====================================================== Jai Mata Di Industries Through its Proprietor Kanchan Agrawal (Female) age 51 years, resident of Dr. Sadique Lane near Kanhauli Naka, Muzaffarpur842002, Police Station- Muzaffarpur, District- Muzaffarpur. ... ... Petitioner/s
Versus
1.
North Bihar Power Distribution Company Ltd. H.T. Cell, Vidyut Bhawan, Bailey Road, Patna- 800021 through its Managing Director. 2.
The Executive Engineer (Electrical) North Bihar Power Distribution Company Ltd, Muzaffarpur, Maripur, Bailey Road, Patna. 3.
Junior Engineer North Bihar Power Distribution Company Ltd. Maripur, Muzaffarpur.
4.
ESSEL Vidyut Vitran(Muzaffarpur) Ltd. Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Prasad Mr. Kaushal Kumar For the Respondent/s :
Mr.Vinay Kirti Singh Mr. Vijay Kumar Verma Mr. Akhileshwar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2020 The present writ petition has been filed for quashing the demand notice issued by the Respondent No. 1 dated 2.2.2019.
Upon the learned Senior Counsel for the Respondents-Electricity Company having pointed out that the meter installed in the premises of the petitioner was replaced on 17.1.2019 and was sent to the M.R.T. Division for testing where it was found that the old meter was running slow by 5 per cent, hence, the bill was revised under the provisions of Clause 8.14 (a)(ii) of the Bihar Electricity Supply Code, 2007, resulting in
Patna High Court CWJC No.9730 of 2019(3) dt.27-02-2020 2/3 additional charges being raised on account of the meter running slow, the learned counsel for the petitioner submits that the meter in question should be tested in presence of the proprietor of the petitioner or some authorized representative of the petitioner.
The learned Senior Counsel for the Electricity Company, upon instruction from the Electrical Executive Engineer, Electrical Supply Division, Urban I Muzaffarpur submits that the meter in question is lying in custody of the said Electrical Executive Engineer and in case, the petitioner wants it to be retested, he can approach the said Electrical Executive Engineer, whereupon the meter would be tested in the M.R.T. Division in presence of the petitioner / its representative. It is further submitted that in case, the petitioner is not satisfied with the report of the M.R.T. Division, he can further pray for testing of the meter at some other testing facility, as approved by the Respondents-Company.
The learned counsel for the petitioner has got no objection and submits that he would be approaching the Electrical Executive Engineer, Electrical Supply Division, Urban-I Muzaffarpur for the aforesaid purposes by filing appropriate representation within a period of one week from
Patna High Court CWJC No.9730 of 2019(3) dt.27-02-2020 3/3 today whereupon the said Electrical Executive Engineer be directed to take steps for testing the meter in presence of the petitioner.
It is directed accordingly.
The writ petition stands disposed of.
(Mohit Kumar Shah, J) Ajay/- U