Mukesh Madhukar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8518 of 2017 ===========================================================

1. Mukesh Madhukar son of Late Jagdish Prasad Bishwas Resident of village - Mahammadpur, Barsoni, Police Station - Dagarua, District - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Energy Department, Chairman cum Managing Director, Bihar State Power Holding Company Limited, Bidyut Bhawan, Bailey Road, Patna - 1.

2. The Managing Director, North Bihar Power Holding Company Limited, Government of Bihar, Vidyut Bhawan, Bailey Road, Patna - 1.

3. The Electrical Superintendent of Engineer, Purnea.

4. The Electrical Executive Engineer, Purnea.

5. The Assessing Officer cum AEE. Electric Supply Sub-Division, Purnea Rural, Purnea.

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

For the Petitioner/s : Mr. Vijay Kumar For the NBPHCL : Mr. Vinay Kirti Singh, Sr. Advocate, Mr. Vinay Kumar Verma, Mr. Akhileshwar Singh For the State : Mr. Yogesh Kumar, AC to SC 9. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 17-07-2017 Heard the parties.

In the present case, petitioner is seeking relief for restoration of power connection bearing Account No.

PURBR/LTIS/292, Consumer Id. 10120025224.

Petitioner is consumer of Power Holding Company. Petitioner's premises was raided by the respondents on 23.5.2017 and it was found that he was consuming 18.58 KW whereas

Patna High Court CWJC No.8518 of 2017 dt.17-07-2017 sanctioned load was 15.00 KW by bye passing the meter, accordingly service connection has been disconnected by the Company and on the order of the Company Dagarua P.S. Case No.69 of 2017 was instituted under Section 135 of the Indian Electricity Act, 2003.

The provisional assessment was made for the loss of revenue to the tune of Rs. 4,29,916.39 and penal bill was made for Rs.8,59,832.77 which the petitioner has not paid in time. Learned counsel for the petitioner submits that petitioner will file an objection and whatever the final bill is served he will pay the amount. The petitioner wants reconnection of power. In such circumstances, if the petitioner deposits 75% of the provisional assessment of Rs. 4,29,916.39 the Power Holding Company will be obliged to give him connection within 24 hours of payment. So far penal bill is concerned, the Power Holding Company will be at liberty to prepare penal bill after disposal of the objection, if any, filed by the petitioner. Connection will be provisional subject to the final decision of the Power Holding Company.

With the aforesaid observation and direction this writ

Patna High Court CWJC No.8518 of 2017 dt.17-07-2017 petition is disposed of.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.7.2017 Transmission Date NA