Sanjeev Kumar v. The North Bihar Power Distribution Company Ltd. And ORS

Patna High Court CWJC No.9521 of 2014 dt.01-11-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9521 of 2014 =========================================================== Sanjeev Kumar S/o Late Baidyanath Prasad Proprietor, Cosmos Industry, Anupam Campus, Sikandarpur, Muzaffarpur, at Saraiyaganj, P.S. Town, District Muzaffarpu, at present residing at 739, 3rd Floor, Dr. Mukherjee Nagar, Delhi-9.

.... .... Petitioner

Versus

1. The North Bihar Power Distribution Company Ltd. through its Chairman, Bidhyut Bhawan, Bailey Road, Patna.

2. The General Manager cum Chief Engineer, Tirhut Division, North Bihar Power Distribution Company Ltd., Muzaffarpur.

3. The Superintending Engineer, North Bihar Power Distribution Company Ltd., Department of Electricity, Ramdayalu, Muzaffarpur.

4. The Assistant Electrical Engineer, North Bihar Power Distribution Company Ltd., Electrical Supply Sub-Division, Maripur, Muzaffarpur.

5. The Executive Engineer, Electrical, North Bihar Power Distribution Company Ltd., Town Electric Supply Division, Maripur, Muzaffarpur.

6. Incharge Commercial, Assale Electric Distribution, Muzaffarpur (Assale Utility), Muzaffarpur.

7. Deputy General Manager cum Nodal Officer, N.B.P.C.L. Trihut Area, Muzaffarpur.

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

For the Petitioner : Mr. Jai Prakash Verma, Advocate. For the Respondents : Mr. Vinay Kirti Singh, Sr. Advocate. Mr. Vijay Kumar Verma Mr. Akhileshwar Singh, Advocates.

=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 01-11-2018 The present writ petition has been filed for quashing of final Assessment dated 01.10.2013 for the period of 365 days i.e. from February, 2012 to January, 2013 communicated through letter no. 1749 dated 08.10.2013 issued under the signature of Electrical

Patna High Court CWJC No.9521 of 2014 dt.01-11-2018 Executive Engineer (respondent no. 5) whereby and whereunder final Assessment has been made calculating total dues of electric consumption of the establishment of the petitioner.

2. At the very outset, learned counsel for the petitioner fairly accepts that a remedy by way of appeal under Section 127 of the Electricity Act is available against the impugned order which has however not been availed of.

3. In the above circumstances, this Court is not inclined to interfere in the merits of the matter. The writ petition is dismissed with liberty to the petitioner to prefer an appeal against the impugned order in accordance with law.

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

Uploading Date 03.11.2018 Transmission Date N.A.