Arjun Ray v. The Managing Director, South Bihar Power Distribution Company Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11729 of 2023 ====================================================== 1.

Arjun Ray S/o Dhanushdhari Rai, R/o Mohanpur Punaichak, West of Devi Asthan, Near Sharma Atta Chakki, Patna, Bihar. 2.

Vindeshwar Yadav S/o Duni Lal Yadav, R/o Footpath, Eco Park Main Road, New Secretariat, Chivalay.

3.

Kanhaiya Singh, S/o Ramchandra Singh, R/o Surya Vihar Colony, Rupaspur, Dinapur-Bihar.

... ... Petitioner/s

Versus

1.

The Managing Director, South Bihar Power Distribution Company Ltd. Bailey Road, Patna.

2.

The General Manager, South Bihar Power Distribution Company Ltd. Bailey Road, Patna.

3.

The Executive Engineer, South Bihar Power Distribution Company Ltd. Electric Supply Branch, Nutan Rajdhani PESU (Western) Patna. 4.

The Junior Engineer, South Bihar Power Distribution Company Ltd. Electric Supply Branch, Nutan Rajdhani PESU (Western) Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Radha Mohan Pandey, Adv.

For the Respondent/s :

Mr. Vinay Kirti Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 21-08-2023 Learned counsel for the petitioner has stated that the authorities concerned have issued the present show-cause notice threatening to make disconnections of their connections which are there since several years.

2. Learned counsel appearing on behalf of the Respondents, South Bihar Power Distribution Company Ltd. has stated that the present writ petition is not maintainable as the petitioners have only been served show-cause notices and if any

Patna High Court CWJC No.11729 of 2023(2) dt.21-08-2023 2/2 reply/ explanation is filed by the petitioner, the same shall be taken into consideration before passing any order or disconnecting the electricity connection. Learned counsel has further stated that till such time the final orders are passed, the authorities will not take any coercive steps.

3. Having regard to the above made submissions and also the fact that the present writ petition is filed only questioning the show-cause notice, this Court is not inclined to entertain the present CWJC. Therefore, the petitioners are directed to submit their explanation within a period of 15 days from today and on such explanation being filed, the same shall be considered by the authorities and order passed in accordance with law. If any adverse orders are passed, the petitioners shall be granted seven days time to file appeals against the said order before any coercive steps are taken.

4. With the above directions, the writ petition stands disposed of.

(A. Abhishek Reddy , J) gauravkr/- U