Ritesh Kumar Tarun v. The South Bihar Power Distribution Company Ltd. And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24852 of 2013 =========================================================== Ritesh Kumar Tarun Son Of Late Pawan Kumar Prasad Resident Of Bajrangbagh, Post Office- Hilsa, Police Station- Hilsa, District- Nalanda .... .... Petitioner/s
Versus
1. The South Bihar Power Distribution Company Ltd. Through Its Managing Director, Having Office At Vidyut Bhawan, Bailey Road Patna
2. The Executive Engineer, Electric Supply Division, Nalanda, Biharsharif, South Bihar Power Distribution Company Ltd. P.S.- Bihar Sarif, Distt. Nalanda
3. The Assistant Electrical Engineer, Electric Supply Sub Division, Bihta, South Bihar Power Distribution Company Ltd., P.S.- Bihta, Distt.- Patna
4. Nitesh Kumar Son Of Sri Ram Milan Singh Presently Posted As Junior Electrical Engineer, Hilsa, Nalanda .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Singh, Advocate For BSPHCL : Mr. Anand Kumar Ojha, Advocate For the Respondent No.4 : Mr. Virendra Prasad, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 01-11-2018 The present writ petition has been filed for the following reliefs :- " i. To hold and declare that the petitioner is not liable to pay any demand illegally raised without any inspection and evidence against the consumer for any unauthorized use of electricity. ii. To restrain the authorities of the Power Company from taking any coercive steps against the petitioner as well as against the running connection in the premises.
iii. To hold that the officers are harassing
Patna High Court CWJC No.24852 of 2013 dt.01-11-2018 2/3 the innocent citizens in the name of achievement of target and they are indulged in abuse of their power by illegally lodging FIR without evidence and without any inspection.
iv. To hold and declare that by extending threat of arrest of the family members the authorities are taking signatures for using the same as evidence in gross violation of human right and fundamental right."
2. On the submissions raised on behalf of the petitioner that the respondents had acted arbitrarily in submitting an inspection report alleging serious irregularities such as meter tampering and in respect of which F.I.R. was lodged without however carrying out any inspection of the house, this Court, by order dated 18.12.2013, directed for filing of a report after enquiry by the Managing Director of the Power Company.
3. Pursuant to such direction, a counter affidavit has been filed on behalf of the respondent- Power Company, inter alia, enclosing therewith a report of enquiry conducted jointly by the Director (Operation) and CE(Com) dated 29.06.2015 (AnnexureC/1). The narrative of the attending facts and circumstances, prima facie, include the reasons for delay in institution of the F.I.R., the entire incident being captured under videography showing the petitioner to be present at the time of inspection, a provisional
Patna High Court CWJC No.24852 of 2013 dt.01-11-2018 3/3 assessment order having been passed on 25.11.2013 itself.
4. The facts stated in the counter affidavit dated 29.06.2015 have not been controverted nor disputed and no rejoinder has been filed.
5. In the above circumstances, this Court is not inclined to interfere in the matter. The writ petition stands dismissed. (Vikash Jain, J) N.H./- Chandran AFR/NAFR NAFR CAV DATE N/A Uploading Date03.11.2018 Transmission Date N/A