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Patna High CourtCWJC/10103/2013disposed

The South Bihar Power Distribution Company Ltd. And ANR v. The State Of Bihar And ORS

2018-07-31Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.10103 of 2013 dt.31-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10103 of 2013 ===========================================================

1. The South Bihar Power Distribution Company Limited through its Managing Director (Formerly known as Bihar State Electricity Board through its Chairman) Vidyut Bhawan, Baily Road, Patna

2. The Electrical Executive Engineer, Electric Supply Division, Fatuha (Patna) .... .... Petitioner/s

Versus

1. The State of Bihar through the Energy Secretary, Bihar, Patna

2. M/S National Ply Product, Sabalpur, Patna through its Partner, Shri Ranjan Prasad

3. The Electrical Inspector - Cum - Appellate Authority, Electrical Inspectorate, Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kirti Singh, Sr.Advocate For the Respondent/s : Mr. Suraj Samdarshi, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 31-07-2018 The present writ petition has been filed for quashing the order dated 23.08.2012 passed by the respondent no. 3 in Appeal No. 4 of 2011-12 and to stay the operation of the aforesaid order till pendency of the present writ application and to grant any other relief or reliefs for which the petitioners may found entitled in law.

2. At the very outset this Court takes note that the impugned order passed by the appellate authority is subject to determination of civil liability by the Special Court in terms of Section 154(5) of the Electricity Act, 2003.

Patna High Court CWJC No.10103 of 2013 dt.31-07-2018

3. In that view of the matter, the present writ petition is disposed of granting liberty to the petitioner to raise all points before the Special Court at the appropriate stage.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 02.08.2018 Transmission Date NA