T.N.B. College, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8216 of 2025 ====================================================== T.N.B. College, Bhagalpur, Lower Nath Nagar Road, Bhagalpur (Bihar), PIN812007 through authorized representative Dr. Mali 57-475 Sanjay Kumar Jha, Male 57 Yrs, S/o Amresh Chandra Jha Head of the Department, Department of Economics, T.N.B. College, Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Energy, Government of Bihar, Vidyut Bhawan, Jawahar Lal Nehru Marg, Patna-800001.

2.

South Bihar Power Distribution Company Ltd., Patna through its Managing Director, Vidyut Bhawan, Bailey Road, Patna-800001. 3.

The Executive Engineer Electrical, Electric Supply Division, Bhagalpur. 4.

Assistant Engineer Electrical, Electric Supply Sub-Division, Nath Nagar, Bhagalpour (West).

5.

Revenue Officer. Electric Supply Division, Bhagalpur (Urban). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhanendra Chaubey, Adv.

For the Respondent/s :

Mr. Government Advocate (11) For the State :

Mr. Raghwanand, Ga11 Mr. Pratik Kumar, AC to GA-11 For the SBPDCL :

Mr. Kumar Priya Ranjan, Adv.

Mr. Sudarshan Bharadwaj, Adv.

Mr. Sandeep Kumar Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 14-07-2025 The petitioner has approached this Hon'ble Court for seeking implementation of the orders passed by the Consumer Grievance Redressal Forum. Learned counsel has stated that though the directions has been given by the Consumer Grievance Redressal Forum, the respondent authorities are not complying with the same. Learned counsel has, therefore, prayed this Hon'ble Court to direct the respondent authorities to

Patna High Court CWJC No.8216 of 2025(2) dt.14-07-2025 2/3 comply with the order passed by the Consumer Grievance Redressal Forum, Electric Supply Circile, Bhagalpur in Case No. 16 of 2022 dated 15.05.2023.

2. Per contra, the learned counsel appearing on behalf of the respondents has vehemently opposed the very maintainability of the present writ petition and has stated that the petitioner is having an alternative and effective remedy of filing an application/representation before the Ombudsman in case the respondent authorities have not been complying with the directions of the Consumer Grievance Redressal Forum. Learned counsel has drawn the attention of this court to Section 42(6) of the Electricity Act, 2003 in support of his case.

3. Admittedly, in the present case the only grievance of the petitioner is that the authorities are not implementing the orders of the Consumer Grievance Redressal Forum passed in his favour vide order dated 15.05.2023 in Case No. 16 of 2022.

4. In order to resolve the issue, it is necessary to extract Section 42(6) of the Electricity Act, 2003 which reads as under:

"Any consumer, who is aggrieved by nonredressal of his grievances under sub-section (5), may make a representation for the redressal of his grievance to an authority to be known as Ombudsman to be appointed or designated by the State

Patna High Court CWJC No.8216 of 2025(2) dt.14-07-2025 3/3 Commission."

5. Having regard to the same, the present writ petition is disposed of granting liberty to the petitioner to approach the Ombudsman under Section 42(6) of the Electricity Act, 2003 within a period of four weeks from today. On such representation/ complaint being filed, the authority is directed consider the said representation and pass necessary orders strictly in accordance with law duly putting all the parties on notice.

6. Having regard to the fact that the petitioner has expressed an apprehension that the authorities without complying with the order of the Consumer Grievance Redressal Forum are trying to take coercive action against the petitioner and forcing them to pay the dues to the respondent, the authorities are directed not to take any coercive steps for a period of four weeks only.

7. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U