Sukhdev Sah v. The Chairman, Bihar State Electricity Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6884 of 2023 ====================================================== Sukhdev Sah Son of Ram Briksh Sah Resident of Ward no. 6, VillageBazidpur Gadhaul, P.S.- Nanpur, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The Chairman, Bihar State Electricity Board Patna. 2.

The Superintending Engineer, Muzaffarpur, North Bihar Power Distribution Company Ltd., Muzaffarpur.

3.

The Executive Engineer, North Bihar Power Distribution Company Ltd., Pupri, Sitamarhi, Bihar.

4.

The Assistant Engineer, North Bihar Power Distribution Company Ltd., Pupri Sitamarhi.

5.

The Junior Engineer, North Bihar Power Distribution Company Ltd., Kharka Bokhara, Sitamarhi.

6.

Mr. Amanullah @ Alay, Son of Md. Tahir Hussain Meter Reader Bokhara, P.S.- Bokhara, P.S.- Nanpur, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Girjanand Prasad For the Respondent/s :

Mr. Vinay Kirti Singh For the NBPDCL :

Mr. Kumar Priya Ranjam, Addl. S. C.

Mr. Sandeep Kumar Mr. Vibhuti Kumar Mr. Sudarshan Bharadwaj ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-03-2024

1. Heard learned counsel for the parties concerned.

2. The petitioner has challenged the bill raised by the North Bihar Power Distribution Company Ltd. for electricity consumption in the residential premises of the petitioner.

3. Learned counsel for the petitioner submits that from Annexure-2 series it would be evident that since February, 2020 till March, 2020, an exorbitant amount of Rs. 39,187/- was raised against the petitioner. Subsequently, in the month of April, 2020, a bill of Rs.

Patna High Court CWJC No.6884 of 2023(7) dt.06-03-2024 2/3 44,940/- was raised, accordingly, the amount kept on increasing and ultimately in the month of November, 2020, a bill of Rs. 55,780.75/- has illegally been raised by the North Bihar Power Distribution Company Ltd. to be paid by the petitioner.

4. Learned counsel for the North Bihar Power Distribution Company Ltd. submits that the petitioner has alternative remedy under Section 42 (5) of the Electricity Act, 2003, by which the petitioner may raise his grievance before the Consumer Grievance Redressal Forum, Sitamarhi.

5. He further submits that in the month of March, 2022, a bill of Rs. 68083/- was raised by the respondents-licensee and due to non-payment of the aforesaid amount, electricity supply has been disconnected in the premises of the petitioner.

6. Having heard learned counsel for the parties and taking into consideration the nature of dispute, I feel it expedient that if the petitioner deposits a sum of Rs. 34,000/- against the disputed bill before the respondent no. 5-Junior Engineer, the supply of electricity in the premises of the petitioner shall be

Patna High Court CWJC No.6884 of 2023(7) dt.06-03-2024 3/3 restored immediately and after restoration of the electricity supply, as agreed by the petitioner before this Court, a smart meter shall also be installed in the premises of the petitioner.

7. So far as disputed bill of Rs. 68,083/- is concerned, the petitioner is given opportunity to challenge the same before the Consumer Grievance Redressal Forum, Sitamarhi, within a period of 15 days from the date of receipt/production of the copy of this order.

8. With the aforesaid observations and directions, this writ application is disposed.

(Anil Kumar Sinha, J) ashwani/- U