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Patna High CourtCWJC/7619/2015dismissed

Vinod Kumar @ Mantu Sir v. The Chairman, Bihar State Electricity Bord Patna And ORS

2018-11-06Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7619 of 2015 =========================================================== Vinod Kumar @ Mantu Sir, son of Krishndatt, resident of village Chak Husain, Police Station Khusrupur, District Patna.

.... .... Petitioner/s

Versus

1. The Chairman, Bihar State Electricity Board Patna, Baily Road, Patna.

2. The General Manager, Revenue (South Bihar Power Holding Corporation), Patna.

3. The Executive Engineer, Electrical Supply Division, Fatuha, District Patna.

4. The Assistant Electrical Engineer, Electrical Supply, Sub- Divsion, Fatuha, District Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Vinay Kirti Singh, Senior Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-11-2018 As none appeared on behalf of the petitioner, the matter was passed over for a few cases. However, on repeated call, the petitioner was again not represented.

2. The present writ petition has been filed for the following reliefs :

" I. To command the respondents who are issued the letter No. 220 dated 19.02.2015 for

Patna High Court CWJC No.7619 of 2015 dt.06-11-2018 2/3 assessment of the fine amount i.e. 3,57,000/- imposed upon the petitioner vide Khusrupur Police Station Case No.22 of 2015 and this petitioner submitted representation on 03.03.2015 which was duly received but till date no assessment order has been made by the respondents.

II. To issue mandamus to the respondents who are not assessing the petitioner claim nor giving the electric connection to the petitioner for running his ICE Creame Factory which cause petitioner heavy loss.

III. To issue appropriate writ/ writs, order/ orders, direction/ directions to the respondents as your Lordships may deem fit and proper in the interest of justice."

3. Learned counsel for the respondents- Power Company submits that the provisional assessment has been made and after consideration of the petitioner's objections, the final assessment order was passed on 10.04.2015, which has attained finality as no appeal has been preferred by the petitioner.

4. Having heard learned counsel for the respondents and on consideration of the materials on record, this Court is not inclined to interfere in the matter. The stand of the respondents that the final assessment order has been passed on 10.04.2015 and a sum of Rs. 3,37,004/- assessed against the petitioner, has not been disputed

Patna High Court CWJC No.7619 of 2015 dt.06-11-2018 3/3 by the petitioner. There is also nothing on record to indicate that any appeal has been preferred by the petitioner against such final assessment.

5. The writ petition is accordingly, dismissed. (Vikash Jain, J) N.H./- B.T.

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