The Governing Body Of Buddha Institute Of Dental Sciences And Hospital v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8247 of 2020 ====================================================== The Governing Body of Buddha Institute of Dental Sciences and Hospital through its Principal, Surendra Prasad, Gender- Male, aged about- 65 years, Son of Late Jagdish Prasad, West of TV Tower, Sanjay Gandhi Nagar Road, Kankarbagh, P.S.- Kankarbagh, District and Town- Patna- 800020. ... ... Petitioner/s

Versus

1.

The State of Bihar through Energy Department, Government of Bihar, Patna. 2.

The Secretary, Energy Department, 8- Droga Rai Path, Government of Bihar, Patna.

3.

South Bihar Power Distribution Co. Ltd. (A Govt. of Bihar Undertaking) through its Managing Director, Vidyut Bhawan, Bailey Road, Patna800021. 4.

The General Manager (Revenue), South Bihar Power Distribution Co. Ltd. (A Govt. of Bihar Undertaking) Vidyut Bhawan, Bailey Road, Patna800021. 5.

The Executive Engineer, South Bihar Power Distribution Co. Ltd., Kankarbagh Division, Patna.

6.

The Assistant Engineer, South Bihar Power Distribution Co. Ltd., Kankarbagh Division, Patna.

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

For the Petitioner/s :

Mr. Lal Babu Singh, Advocate For the Respondent/s :

Mr. Vinay Kirti Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 16-10-2020 Heard Mr. Lal Babu Singh, learned Advocate for the petitioner and Mr. Vinay Kirti Singh, learned Sr. Advocate for the South Bihar Power Distribution Co. Ltd. The petitioner which is a Dental College and Hospital and an HT consumer under the South Bihar Power Distribution Co. Ltd. is aggrieved by the electric bill for the months of March and April, 2020 amounting to Rs. 8,95,307/- and Rs. 7,51,039/- respectively which is much

Patna High Court CWJC No.8247 of 2020 dt.16-10-2020 2/3 more in excess of the regular range of electric bills which he received in the past months.

It has been submitted on behalf of the petitioner that the electric bills in connection with the petitioner's Institute always was in the range of Rs. 2,00,000/- to 3,00,000/- before the lockdown in the country and after that, he received the bills within the range of Rs. 80,000/- to 2,00,000/-. However, with such heavy electricity bill, the petitioner is very sanguine that there is some problem somewhere.

As opposed to the aforesaid contention, Mr. Vinay Kirti Singh, learned Senior Advocate for the respondents submits that in fact against the aforesaid alleged high electricity charges for the month of March and April, 2020 the petitioner had made a complaint before the General Manager, Revenue of the South Bihar Power Distribution Co. Ltd. and it was responded by letting him know that the bill for the month of March and April, 2020 has been issued on the recording of actual consumption unit (KVAH) as the Institute has dissipated the power. Thus the request for revising the energy bill of the above was held to be not maintainable.

In any view of the matter, in the event of the threatened disconnection of the electricity in the Institute, the petitioner is ready to deposit an amount of Rs. 5 lakhs

Patna High Court CWJC No.8247 of 2020 dt.16-10-2020 3/3 within a period of one week from today towards the electricity bills of March and April, 2020 but reserving his rights to contest the same later.

With the deposit of the aforesaid amount and maintaining the payment of the electricity bill for the current months uninterruptedly, the electric line of the Institute shall not be disconnected till the dispute is settled by the Consumer Grievance Redressal Forum constituted under Section 42(5) of the Indian Electricity Act, 2003. The petitioner shall approach the Consumer Grievance Redressal Forum immediately after making payment of Rs. 5 lakhs towards the payment of the electric charges for the month of March and April, 2020. The writ petition stands disposed of accordingly. (Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA