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Patna High CourtMJC/2531/2015disposed

Ganesh Kumar Singh And ANR v. The State Of Bihar And ORS

2015-12-09Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2531 of 2015 In Civil Writ Jurisdiction Case No. 12067 of 2014 ======================================================

1. Ganesh Kumar Singh son of Late Sita Ram Singh

2. Shailesh Kumar Singh son of Sri Ganesh Kumar Singh Both residents of Ganesh Nursing Home, Kadamkuan, Police Station- Kadamkuan, Town & District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mr. Pratay Amrit, Managing Director, the Bihar State Power Holding Corporation, Vidyut Bhawan, Bailey Road, Patna

3. Mr. Rajiv Amit, Chief Engineer (Commercial) South Bihar Power Distribution Co. Ltd. Vidyut Bhawan, Bailey Road, Patna-800001

4. Mr. Dilip Kumar, General Manager-Cum-Chief Engineer, PESU, Mangles Road, Patna-800001

5. Mr. Rajeev Kumar Singh, Electrical Executive Engineer, Electric Supply Division, Dak Bunglow, Bander Bagicha, Patna-800001

6. Mr. Santosh Kumar, Assistant Electrical Engineer, Electric Supply SubDivision, Kadamkuan, Patna-800003 .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Rajesh Mohan, Advocate For the Respondent/s : Mr. Vinay Kirti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 09-12-2015 Heard the parties.

The petitioner came complaining of non-compliance of the order passed in CWJC No. 12067 of 2014 whereunder the authorities of the Power Distribution Company were directed to ensure compliance of the order passed in Appeal No. 14 of 2010 by the appellate authority under Section 127 of the Electricity Act, 2003.

The matter was taken up when it was stated at the bar by Mr. Anand Kumar Ojha that it is on account of lack of willingness shown by the petitioner who needs an accompany the officials

Patna High Court MJC No.2531 of 2015 (6) dt.09-12-2015 and needs to be present at the time of meter testing, which has delayed the matter.

It is in the circumstances so put forth that this Court vide order passed on 04.11.2015 directed the petitioner to appear before the respondents and extend his willingness to accompany the authorities of the respondent company for the testing in question. The matter has thereafter progressed and a supplementary show cause has been filed today in which it has been stated that after receiving the letter from the petitioner that the authority of the Central Physical Research Institute at Bhopal have been contacted for carrying out the meter testing but unfortunately the company has not received any date for such testing until today for which efforts are being made with the Institute for an early date. It has been stated that no sooner the date is fixed by the CPRI that the respondent company along with the petitioner would get the meter tested and take necessary steps in the light of the order so passed by the appellate authority.

In the circumstances discussed, this Court does not feel persuaded enough to continue with the proceedings and which is accordingly disposed of.

(Jyoti Saran, J) S.Sb/- U