Patna High CourtL.P.A/144/2013dismissed

Ajeet Kumar v. Bihar State Electricity Board And ORS

2016-06-28Justice Smt. Nilu Agrawal,Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.144 of 2013 ======================================================= Ajeet Kumar S/O Sri Rameshwar Prasad R/O Mohalla-Chowk Shikarpur (Nala Par) Jangali Prasad Lane, Patna City-800009, P.S.- Chowk, Distt-Patna .... .... Appellant

Versus

1. Bihar State Electricity Board through its Secretary, Vidyut Bhawan, Bailey Road, Patna

2. Chairman, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna

3. Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna

4. Finance Controller, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna

5. Electrical Executive Engineer, Bihar State Electricity Board, Electric Supply Division, Mittan Ghat, Patna City.

6. Electrical Assistant Engineer, Bihar State Electricity Board, Electric Supply Division, Padri Ki Haveli, Patna City.

7. Electrical Junior Engineer, Bihar State Electricity Board, Mangal Tank Chowk, Patna City.

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

For the Appellant :

Mr. Upendra Prasad, Advocate Mr. Sunil Kumar, Advocate For the Respondent: Mr. Vinay Kirti Singh, Advocate ======================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 28-06-2016 Heard learned counsel for the appellant and Sri Vinay Kirti Singh, learned counsel for the South Bihar Power Distribution Company Limited.

Having gone through the judgment of the learned Single Judge, we are not inclined to interfere. Learned counsel for the appellant has pointed out the error in the said judgment. The only issue he raises is

Patna High Court LPA No.144 of 2013 dt.28-06-2016 2 / 2 that there cannot be any levy of fuel surcharge on unconsumed unit. The 1993 tariff, as was applicable, does not make any such exception.

In that view of the matter, we find no merit in this appeal. Accordingly, this Letters Patent Appeal stands dismissed.

(Navaniti Prasad Singh, J.) (Nilu Agrawal, J.) Rajeev/- U