M/S. Patna Iron Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10410 of 2022 ====================================================== M/s. Patna Iron Pvt. Ltd. A Company incorporated under the provisions of the Companies Act, 1956 having its registered office at Ground Floor, Suprabhat Building, CEAT Compound, Exhibition Road, Patna, through its Director, Santosh Kumar Mandolia, aged about 62 years (male), son of Late Moolchand Mandolia, resident of 32 krishna Kunj apartment, Sahdev Mahato Marg, Boring Road, Buddha Colony, District- Patna. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Energy, Government of Bihar, Patna. 3.

The Bihar State Power (Holding) Company Limited, Vidyut Bhawan, Bailey Road, Patna, through its Chairman-cum-Managing Director. 4.

The South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna, through its Managing Director. 5.

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

6.

The Electrical Executive Engineer (HT Cell), SBPDCL, Vidyut Bhawan, Bailey Road, Patna.

7.

The Electrical Executive Engineer, Electricity Supply Division, Fatuha. 8.

The General Manager (Revenue), South Bihar Power Distribution Company Limited, Vidyut Bhawan Bailey Road, Patna.

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

For the Petitioner/s :

Mr.Suraj Samdarshi, Advocate For the S.D.P.L.

:

Mr. Vinay Kirti Singh, Sr. Advocate For the State Mr.Subhash Pd. Singh (GA 3) Mr. Indeshwari Pd. Mandal, AC to GA 3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT

2/4 (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-08-2022 Petitioner has prayed for the following relief(s):- (i) For quashing of the energy bill dated 06.03.2022, whereby and whereunder a sum of Rs. 35245423.71 (Three Crore fifty two lakh twenty four thousand twenty three rupees and seventy one paisa) has been shown as an amount for short consumption charge by unilaterally treating the meter as defective.

(ii) For a direction to the respondents to accept payment of current charges for the month of February 2022 and not to insist upon payment of the additional amount as short charges, raised in the energy bill dated 06.12.2022, till final adjudication of the dispute.

(iii) For a direction to the respondents, not to take any coercive step, for nonpayment of the energy bill dated 06.03.2022, till a final decision is taken by the Consumer Redressal Grievance Forum, Patna.

(iv) For a direction to the respondents not to incorporate the outstanding amount of Rs. 35245423.71 for C.A.

No.100670250 with petitioner another connection bearing C.A.

No.

102213746, till final adjudication of the dispute; and for any other relief or

3/4 reliefs to which the petitioner is found entitled in the facts and circumstances of the case."

Learned counsel for the petitioner states that the petitioner shall be content if the petition is disposed of with direction to the Consumer Grievances Redressal Forum, South Bihar Power Distribution Company Limited (S.B.P.D.C.L.), Patna, to dispose of the application of the petitioner which is pending before it, the reason, perhaps, being non-transfer of the application from Patna to the authority having competent jurisdiction which would be at Fatuha.

Learned counsel for the respondents states that the application shall be processed and placed before the appropriate authority within a period of four weeks and a decision taken within a period of four weeks thereafter. Learned counsel for the respondent S.B.P.D.C.L. states that during the pendency of the application, no coercive action shall be taken against the petitioner. As such, petition is disposed of with direction to the Consumer Grievances Redressal Forum, South Bihar Power Distribution Company Limited (S.B.P.D.C.L.) to dispose of the application within a period of four weeks from the date of its presentation.

4/4 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- AFR/NAFR CAV DATE Uploading Date 12.08.2022 Transmission Date