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Patna High CourtCWJC/12836/2011disposed

Kiran Cold Storage Through Pan v. The Bihar State Electricity Bo

2018-11-02Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.12836 of 2011 dt.02-11-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12836 of 2011 =========================================================== Kiran Cold Storage, a partnership Firm having its place of Business at Growth Centre, N.H. 31, Maranga, Purnea through its Partner Pankaj Kumar Nayak, S/O Kamta Prasad Nayank, resident of Bardwan Hata, P.O.+P.S.- K. Hat, Distt.- Purnea .... .... Petitioner

Versus

1. The Bihar State Electricity Board through its Chairman, Vidyut Bhawan, Bailey Road, Patna

2. The General Manager Cum Chief Engineer, Kosi Electric Supply Area, Saharsa

3. The Electrical Superintending Engineer, Electric Supply Circle, Purnea

4. The Electrical Executive Engineer, MRT, Purnea

5. The Electrical Executive Engineer, Electric Supply Division, Purnea

6. The Assistant Electrical Engineer Mrt, Supply Division II, Purnea .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. SURAJ SAMDARSHI For the Respondent/s : Mr. VINAY KIRTI SINGH =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 02-11-2018 The present writ petition has been filed for the following reliefs - "(i) For quashing of the inspection report dated 22.07.2011 as being wholly illegal and without authority of law.

(ii) For restoration of electric supply which has been disconnected by the respondent authorities in pursuance of the inspection dated 22.07.2011.

(iii) For a declaration that the provisional assessment order dated 25.07.2011 is illegal and arbitrary. (iv) For a declaration that any inspection carried out

Patna High Court CWJC No.12836 of 2011 dt.02-11-2018 contrary to the circular of the Board dated 18.02.2010 is void ab initio.

(v) For a declaration that in case the data has been down loaded to the satisfaction of the respondent authorities three months back, the petitioner cannot be penalized for twelve months and penalty has to be reduced proportionately for the purpose of Section 126 of the Electricity Act, 2003 and for any other relief or reliefs to which the petitioner is found entitled to in the facts and circumstances of the case."

2. Learned counsel for the petitioner submits that during the pendency of the writ petition, the grievance of the petitioner has been redressed and as such the same need not be pressed.

3. Learned counsel for the respondents appears and he has no objection in this regard.

4. The writ petition stands disposed of.

(Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 03.11.2018 Transmission Date N.A.