M/S Sunrise Plastic, v. North Bihar Power Distribution Company Limited,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8456 of 2022 ====================================================== M/s Sunrise Plastic, through its Proprietor Raj Bihani (Male), aged aboput 34 Years, Son of Devki Nandan Bihari, Bela Industrial Estate, P.S.-Mithanpura, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

North Bihar Power Distribution Company Limited, through its Managing Director (formerly Bihar State Electricity Board), Vidyut Bhawan, Bailey Road, Patna.

2.

The Executive Engineer (Electrical), Electric Supply Division (East), Muzaffarpur.

3.

The Junior Electrical Engineer, Electric Supply Sub-Division, Bela, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Prasad, Advocate For the Respondent/s :

Mr.Vinay Kirti Singh, Sr. Advocate Mr. Vijay Kumar Verma, Advocate Mr. Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE S. KUMAR) 02-08-2022 Petitioner has prayed for the following relief(s): "(i) For quashing the Electric Bill issued by the respondent authority on 19th March, 2022, which is contained in Annexure-1, whereas raised a demand of Rs. 19 lakh without any basis as well as bill issued on 19.04.2022 which is contained in Annexure-2 whereas on the basis of said demand, the electric connection of the petitioner's premises has been disconnected as contemplated under Section 56

Patna High Court CWJC No.8456 of 2022(2) dt.02-08-2022 2/3 of the Electricity Act, 2003 as well as there is a fifteen days' notice has been necessary to serve to the petitioner prior to disconnection and further a revised bill may be issued after excluding DPS charges which has been earlier stayed by this Hon'ble Court.

(ii) For issuance of a direction to restore electric connection of the petitioner factory premises which has been disconnected without service of notice under section 56 of the India Electricity Act, 2003 till the period of issuance of corrected bill against the petitioner. (iii) To pass any other order/order as your Lordships may deem fit and proper in the eve of law."

It is submitted on behalf of the counsel for the North Bihar Power Distribution Company Limited that the total dues against the petitioner is Rs.12 lacs and odd, as raised through the bill dated 23.04.2022. Earlier it was Rs.19 lacs. However, after representation filed by the petitioner, the same has been reduced to Rs.12 Lacs and odd. However, the same is repudiated by Shri Vinay Kirti Singh, learned Senior Counsel for the respondent Company.

Petitioner undertakes to pay this bill within one month. He also undertakes to pay the current bills. If the petitioner pays the dues amount within the

Patna High Court CWJC No.8456 of 2022(2) dt.02-08-2022 3/3 stipulated period, his electric connection be restored in next two days and the dispute, if any, with regard to the correct amount shall be decided by the Ombudsman within a period of 60 days from the date of representation filed by the petitioner. This disposes of the writ petition.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS U