M/S Om Sai Baba Modern Rice Mill Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8166 of 2020 ====================================================== 1.

M/s Om Sai Baba Modern Rice Mill Pvt. Ltd. Represented through its Director Smt. Savita Keshri, Residence of Brauhali Block, G.T. Road, P.O.- Bhitti, P.S.- Mohania, District- Kaimur, (Bhabhua) Pin No. 821109. 2.

Smt. Savita Keshri (Director), aged about 47 years (F), W/o- Satyendra Keshari @ Satyendra Kumar Keshari, Resident of G.T. Road Mohania, Stuwarganj Mohania, Ward No.7, P.S. - Mohania, District - Kaimur, (Bhabhua) Pin No. 821109. ... ... Petitioners

Versus

1.

The State of Bihar through the Principal Secretary, Energy Department, Patna. 2.

Managing Director South Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey Road, Patna.

3.

South Bihar, Power Distribution Company Limited through its Chief Engineer (Commercial) Bihar, Patna.

4.

The Electrical Superintendent Engineer, Electrical Division Sasaram, Rohtas. 5.

The Executive Engineer, Electricity Supply Division, Bhabua. 6.

The Assistant Engineer Electricity Supply Sub Division, Mohania. 7.

The Junior Electrical Engineer Mohania.

8.

The Chief Accountant Electrical Supply Division, Mohania. 9.

The Certificate Officer, Kaimur, Bhabhua.

... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Rajendra Narayan, Sr. Advocate Mr. Alok Ranjan, Advocate For the Respondents :

Mr. Vinay Kirti Singh, Sr. Advocate Mr. Vijay Kumar Verma, Mr. Akhileshwar Singh, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 09-03-2021 Heard Mr. Rajendra Narayan, learned senior counsel appearing on behalf of the petitioners and Mr. Vinay Kirti Singh, learned senior counsel appearing on behalf of the respondent- South Bihar Power Distribution Company Limited. The petitioners are aggrieved by the electricity bill dated 04.01.2020 raised by the respondent (Annexure-5) and

Patna High Court CWJC No.8166 of 2020 dt.09-03-2021 2/3 also the notice dated 18.07.2020 issued under Section 7 of the Bihar & Orissa Public Demand Recovery Act, 1914 in Certificate Case No. 01(E)/2020-21 (Annexure-6). Mr. Rajendra Narayan, learned senior counsel appearing on behalf of the petitioners, would submit that arbitrarily respondent-South Bihar Power Distribution Company Limited raised the bill and subsequently they have revised the bill when the Consumer Grievance Redressal Forum intervened in the matter. Vide Annexure-5, the final bill has been raised adjusting the amount of security deposit of Rs. 9,26,873.37/- and for that purpose, certificate proceeding has also been initiated against the petitioner which is pending before the Certificate Officer, Kaimur, Bhabua.

Mr. Vinay Kirti Singh, learned senior counsel appearing on behalf of the respondent-South Bihar Power Distribution Company Limited would submit that if the petitioners insist on restoration of their electricity connection in that situation, they would be liable to pay disconnection charge, restoration charge, minimum guarantee for the period of disconnection irrespective of use of energy or not. It would be in the interest of the petitioners that the petitioners may approach the respondents for fresh connection after payment of the dues

Patna High Court CWJC No.8166 of 2020 dt.09-03-2021 3/3 in terms of Annexure-5.

Considering the ultimate interest of the petitioners, the writ application is disposed of with a direction to the petitioners to deposit the bill of Rs.9,26,873.37/- within a period of two months from today and after deposit of the same, the petitioners shall be at liberty to file fresh application for connection which shall be considered by the respondent-South Bihar Power Distribution Company Limited on appropriate terms and conditions prevailing within a maximum period of two months from the date of submission of the application for fresh connection. The deposit of amount of the bill as contained in Annexure-5 shall have direct bearing on the pending certificate proceeding and as such, the petitioners shall be at liberty to file objection along with a copy of payment of the aforesaid bill before the Certificate Officer which shall be considered by the Certificate Officer appropriately.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) BT/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 10.03.2021 Transmission Date N.A.