Chandra Kishor Parashar @ Acharya Chandra Kishore Parashar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11038 of 2023 ====================================================== Chandra Kishor Parashar @ Acharya Chandra Kishore Parashar Son of Late Ram Bahadur Parashar, Resident of Senapati Bhawan, Parashar Colony, New Area, Sikandarpur, Ward No.4 P.S. Muzaffarpur Town, District - Muzaffarpur, presently the Chairman of Bihar Civil Society, Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2.

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

The Chairman-cum- Managing Director, Bihar State Power Holding Company Ltd., Patna.

4.

The Managing Director, North Bihar Power Distribution Company Limited, Patna.

5.

The Deputy General Manager-cum-Electrical Superintending Engineer, North Bihar Power Distribution Company Limited, Tirhut Electric Supply Area, Muzaffarpur.

6.

The Electrical Superintending Engineer, North Bihar Power Distribution Company Limited, Electric Supply Circle, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Singh, Advocate For NBPDCL :

Mr.Kunal Tiwary, Advocate For the Respondent/s :

Mr.P.K. Shahi (AG) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT

Patna High Court CWJC No.11038 of 2023 dt.26-09-2023 2/3 (Per: HONOURABLE THE CHIEF JUSTICE) Date : 26-09-2023

1. The writ petition is filed in the nature of a Public Interest Litigation to restrain the respondents from installing Pre-paid Smart Meter in the premises of the consumers; which is installed after removal of the Post Paid Meters. It is contended that the consumers are facing problems due to several defects in the Pre-Paid Smart Meters and there are instances of excess billing and automatic disconnection which puts the consumers into great difficulty.

2. The petitioner relies on a number of newspaper reports and a representation filed. The petitioner does not have a case that the Pre-Paid Meter, if at all installed in his premises, suffers from any defect. The petitioner has also not pointed any specific instance of such a defect, raised by any consumer, which again would have to be agitated by that consumer before the appropriate forum.

3. When a new system is introduced, often teething problems arise in the initial stage which have to be sorted out by positive interference by the authorities. Such interference can be made only in individual cases and there cannot be a Public Interest Litigation filed to stall the implementation of a new

Patna High Court CWJC No.11038 of 2023 dt.26-09-2023 3/3 procedure.

4. We find absolutely no reason to entertain the writ petition and dismiss the same.

(K. Vinod Chandran, CJ) ( Partha Sarthy, J) Anushka/- AFR/NAFR CAV DATE Uploading Date 30.09.2023 Transmission Date