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Patna High CourtMJC/2829/2025allowed

The Bihar State Electricity Board v. Avinash Kumar

2025-11-28Justice Smt. G. Anupama Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2829 of 2025 In Civil Writ Jurisdiction Case No.14721 of 2017 ====================================================== 1.

The Bihar State Electricity Board Now its South Bihar Power Distribution Company Limited, through its Managing Director, Vidyut Bhawan, Bailey Road, Patna.

2.

The Electrical Executive Engineer, Electric Supply Division, Gulazarbagh, Patna City.

3.

Assistant Electrical Engineer, Electric Supply Sub Division, Gaighat, Alamganj, Patna.

... ... Petitioner/s

Versus

1.

Avinash Kumar Son of Baidya Nath Prasad, Resident of Meena Bazar, P.S. Alamganj, Town-Patna City, District-Patna.

2.

The Additional Collector, Patna Appellate Authority Under Section 127 of the Electricity Act, 2003.

3.

The Principal Secretary, Energy Department Govt. of Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Kumar For the Opposite Party/s :

Mr.Suresh Kumar (Ac To Gp 1) ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 28-11-2025

1. It is reported by the Learned counsel for the petitioner that the CWJC No 14721 of 2017 and CWJC No. 12641 of 2018 were listed on 01.08.2025, and he appeared only in CWJC No. 12641 of 2018. By the time, he again reached to the Court, the CWJC No. 14721 of 2017 was dismissed for default and for non-prosecution, as there was no representation.

Patna High Court MJC No.2829 of 2025(3) dt.28-11-2025 2/2

2. The Learned counsel for the petitioner further contended that there are fair chances of succeeding in the matter and unless the Writ petition is restored, the Electricity Board would suffer irreparable loss.

3. Considering the fact that the petitioner has merit in the writ petition, the order dated 01.08.2025 passed in C.W.J.C. No. 14721 of 2017 is hereby set aside, and the Registry is directed to restore the case to its original file.

(G. Anupama Chakravarthy, J) amandeep/- U