Patna High CourtCWJC/11625/2013disposed

Brajesh Kumar v. The Bihar State Electrcity Board And ORS.

2015-08-18Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11625 of 2013 ====================================================== Brajesh Kumar Son Of Sri Bajrang Bali, Proprietor M/S Maha Kali Industries Katra, P.S. Malsalami, Patna City, District- Patna Petitioner

Versus

1. The Bihar State Electricity Board, Through Its Chairman, Vidyut Bhawan, Bailey Road, Patna

2. Electrical Executive Engineer, Patna City Circle, Mittan Ghat, Patna City

3. Assistant Electrical Engineer (Revenue), Supply Division, Patna City Circle, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Prasad, Advocate For the Respondent/s : Mr. Vinay kirti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 18-08-2015 The petitioner states that he is a consumer of the Electricity Board having consumer no.159790 initially with the connected load of 50 HP. The petitioner was issued provisional bill amounting to Rs.2,17,835/- as he was found using load in excess of the sanctioned load against order of provisional assessment. The petitioner moved the District Consumer Dispute Redressal Forum, Patna giving rise to Complaint case no. 127 of 2009. The complaint was not entertained, holding that the petitioner would not be a complainant under the relevant act.

In my view, there is no infirmity in the order of the forum. The remedy before the petitioner was to approach the Assessing officer against the provisional assessment order

Patna High Court CWJC No.11625 of 2013 (2) dt.18-08-2015 under section 126 of the Electricity act. Accordingly, liberty is granted to the petitioner to take resort to the remedy available under section 126 of the Electricity Act.

It is expected that the Assessing authority would dispose of the matter expeditiously within six weeks from the date of receipt of this order.

(Samarendra Pratap Singh, J) Shashi.