Ajay Kumar Ghosh v. South Bihar Power Holding Company Ltd. And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7610 of 2015 =========================================================== Ajay Kumar Ghosh son of Parmanand Ghosh, resident of-R.N. Ghosh Lane, Naya Bazar, P.S.-Kotwali, District- Bhagalpur.

.... .... Petitioner

Versus

1. South Bihar Power Holding Company limited through the General Managercum- Chief Engineer Electrical Supply Area, Maya Ganj, Bhagalpur.

2. Electrical Executive Engineer, Electric Supply Division (Urban), Mojahidpur, South Bihar Power Holding Company limited, Bhagalpur. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sourendra Pandey Mr. Nalin Vilochan Tiwary Mr. R.K. Mishra, Advocates.

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: 25-10-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for the following reliefs - "(i) For issuance of appropriate writ, rule, direction commanding upon the respondents to show cause as to why the detailed bill as desired by the petitioner is not being supplied desite repeated requests.

(ii) For a direction to the respondent authorities not to pursue for the recovery of the due amount by any coercive means till the time the petitioner is given a

chance of hearing and settling the disputed amount which is being demanded from the petitioner vide Bill dated 28.08.2012."

3. Learned counsel for the petitioner invites reference to the account statement for the period from 8/2009 to 2/2013 (Annexure-6) according to which the total arrear shown against the petitioner for the month 8/2009 stands at Rs. 2,86,365.93, the details whereof have not been supplied despite requests. It is stated that the earlier dues of Rs. 4,31,799.68 were duly paid by the petitioner and hence there was no occasion for showing any arrear, much less to the extent as stated above. A representation in this regard filed before the Electrical Executive Engineer, Electric Supply Division (Urban), Mojahidpur, Bhagalpur dated 21.06.2013 (Annexure-7) remains pending.

4. Learned counsel for the Power Company appears and has been heard.

5. Having regard to the nature of the grievance of the petitioner, the writ petition stands disposed of with a direction to the Electrical Executive Engineer, Electric Supply Division (Urban), Mojahidpur, South Bihar Power Holding Company Limited, Bhagalpur (respondent no. 2) to consider and dispose of the petitioner's representation dated 21.06.2013 (Annexure-7), if still pending, on its own merits and in accordance with law after grant of opportunity of

hearing to the petitioner.

6. It is made clear that the respondents shall refrain from taking resort to coercive measures against the petitioner until disposal of the representation as aforesaid.

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

Uploading Date 30.10.2018 Transmission Date N.A.