Gopal Prasad Singh v. Bihar State Electricity Board, Patna Through Its Chairman

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1566 of 2018 In Civil Writ Jurisdiction Case No.6160 of 2014 ====================================================== Gopal Prasad Singh Son Of Late Chandeshwar Prasad Singh, Resident Of Mohalla - Refugee Colony, Ward No. 5, P.O. and P.S. Saharsa, District Saharsa at present residing of Laxminath Nagar, Ward No. 5, Near Sikshak Sangh, Block- Kahra, P.O. and P.S. Saharsa, District - Saharsa. ... ... Appellant/s

Versus

1.

Bihar State Electricity Board, Patna through its Chairman Vidyut Bhawan, Patna, Bihar.

2.

The Chairman, Bihar State Electricity Board, Vidyut Bhawan, Patna, Bihar. 3.

The Junior Electrical Engineer, Electric Supply Division (West), Saharsa Town, Saharsa.

4.

The Assistant Electrical Engineer, Electric Supply Division (West), Saharsa Town, Saharsa.

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

For the Appellant/s :

Mr.Ajit Kumar For the Respondent/s :

Mr.Vinay Kirti Singh ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 27-02-2020 Being aggrieved by the judgment and order dated 13.09.2018 passed in CWJC No. 6160 of 2014, passed by learned Single Judge dismissing the writ petition, appellant has preferred this Letters Patent Appeal.

Patna High Court L.P.A No.1566 of 2018 dt.27-02-2020 2/3 Appellant had filed writ petition for setting aside the electricity bill dated 17.01.2014 as well as refund of payment made by appellant which was paid by the appellant under threat of disconnection of electric supply.

An inspection was carried out by the Junior Electrical Engineer, Electric Supply Division, West, Saharsa in the premises of appellant, in which theft of electricity was detected for which FIR was instituted giving rise to Saharsa Sadar P.S. Case No. 687 of 2013 in terms of Section 135 of Electricity Act. It was alleged in the FIR that premises had an additional phase of electric connection without any meter connection as a result of which department suffered a loss of Rs. 2,84,185/- and appellant deposited the entire amount raised in said bill. The writ petition was dismissed on the ground that appellant had raised no objection against the provisional assessment as contemplated under Section 126(3) of Electricity Act, 2003, which was available to petitioner by way of statutory remedy.

After hearing learned counsel for the appellant and respondents, this Court does not find any error or infirmity in the judgment and order dated 13.09.2018 passed in CWJC No. 6160 of 2014 passed by learned Single Judge, accordingly, the

Patna High Court L.P.A No.1566 of 2018 dt.27-02-2020 3/3 Letters Patent Appeal is dismissed.

(Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.03.2020 Transmission Date NA