Nagendra Rai v. The Bihar State Electricity Bo

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5745 of 2012 ====================================================== Nagendra Rai Son Of Sri Harikesh Rai Director, V.V.S.S. Residential School Zero Mile Main Road, Anaith, P.S. Ara Nawada, District-Bhojpur .... .... Petitioner

Versus

1. The Bihar State Electricity Board Through Its Chairman, Vidyut Bhawan, Bailey Road, Patna

2. The Chief Engineer, Bihar State Electricity Board, Patna

3. The Electrical Executive Engineer, Electric Supply Division (Urban), Ara

4. The Assistant Electrical Engineer, Electric Supply Sub Division, (Urban) Ara .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Ojha, Advocate For the Respondent/s : Mr. Vinay Kirti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 05-08-2015 The petitioner submits that he is a tenant and runs a residential school in the name of VVSS Residential School, Zero Mile Anaith, Ara. He has prayed for quashing the inspection report dated 28.7.2011 as well as the punitive bill raised by the Company's authorities. He submits that there are so many tenants in the premises, as such, he cannot be penalized for the theft of energy without substance against him. In my view, the petitioner should raise these objections whether he was drawing energy illegally by aid of external wire as the matter is of facts. The petitioner can raise his grievances before assessing officer under section 126 of the Electricity Act. In case, such petition is filed, the assessing officer would

Patna High Court CWJC No.5745 of 2012 (3) dt.05-08-2015 look into the matter and dispose of the same, preferably within six months after providing personal hearing to the petitioner. The writ petition is thus disposed of.

(Samarendra Pratap Singh, J) Shashi.

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