Patna High CourtCWJC/5374/2015disposed

Amar Singh v. The State Of Bihar And ORS

2018-10-26Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.5374 of 2015 dt.26-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5374 of 2015 =========================================================== Amar Singh S/o Late Ahankar Singh Resident of village- Barana, PanchayatManihari, P.S.- Bhabhua, Dist- Kaimur (Bhbhua). .... .... Petitioner

Versus

1. The State of Bihar.

2. The Collector, Kaimur at Bhabhua.

3. South Bihar Power Distribution Company L.T.D. through the Executive Engineer Electricity supply Division Bhabhua, Kaimur.

4. The Assistant Electric Engineer, Electricity Supply Sub Division Mohania, District- Kaimur (Bhabhua).

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

For the Petitioner : None For the Respondents : Mr. Vinay Kirti Singh, Sr. Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 26-10-2018 The present writ petition has been filed for setting aside the electricity penalty of Rs. 17,76,790/- which has been imposed by Assistant Electric Engineer, Electricity Supply Sub-Division, Mohania.

2. As none appeared on behalf of the petitioner, the matter was passed over for a few cases. However on repeat call, the petitioner was again not represented.

3. Learned Senior counsel Mr. Vinay Kirti Singh appearing for the respondent- Power Company submits that the petitioner is not entitled to any relief inasmuch as in course of raid

Patna High Court CWJC No.5374 of 2015 dt.26-10-2018 conducted by the respondent officials, the petitioner was found illegally consuming electricity for running 30 H.P. Motor for a Polisher Mill in the name of Shree Amar Singh. Upon assessment, a penalty for the subject amount of Rs. 17,76,790/- was assessed in accordance with provisions of the Electricity Act and Supply Code.

4. Having regard to the stand of the respondentPower Company and the facts narrated in the writ petition as well as the counter affidavit, this Court is not inclined to interfere in the matter. No rejoinder to the counter affidavit has been filed and as such the stand of the respondents remains undisputed.

5. The writ petition accordingly stands dismissed. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 29.10.2018 Transmission Date N.A.