Akhouri Gopal v. The Bihar State Electricity Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15807 of 2013 ====================================================== Akhouri Gopal Son Of Late Akhouri Bansidhar Prasad Resident Of Bansi Sadan, Chand Choura, Police Station - Civil Line, District - Gaya .... .... Petitioner/s

Versus

1. The Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna Through Its Chairman

2. The Deputy General Manger, Electric Supply Division, Gaya

3. The Electrical Executive Engineer, Electric Supply Division, Sherghati, Gaya

4. The Assistant Electrical Engineer, Electric Supply Division, Sherghati, Gaya

5. Junior Electrical Engineer, Electric Supply Division, Sherghati, Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No.-2 For the Respondent/s : Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-02-2016 Heard Sri Manish Kumar No. 2, learned counsel for the petitioner and Sri Vinay Kirti Singh, learned counsel, who has appeared on behalf of all the respondents.

The petitioner, invoking writ jurisdiction of this court under Article 226 of the Constitution of India, has prayed for quashing of an order dated 24.6.2013 contained in letter no. 228 dated 24.6.2013 issued under the signature of Electrical Executive Engineer, Electric Supply Division , Sherghati, Gaya whereby after assessment the petitioner has been directed to deposit Rs. 18,53,130/-.

At the very outset, Sri Vinay Kirti Singh, learned

Patna High Court CWJC No.15807 of 2013 (7) dt.04-02-2016 2/2 counsel for the respondents submits that against the order of the assessing authority i.e. the impugned order and there is statutory provision of appeal under Section 127 of the Electricity Act, 2003.

In view of the fact that there is statutory remedy available to the petitioner, it would be difficult for this court to examine the matter. Accordingly, the court proposes to dispose of the writ petition granting liberty to the petitioner to avail the statutory remedy. It goes without saying that if within eight weeks petitioner approaches the authority concerned by filing appropriate petition in accordance with law, same may be examined and decided preferably within a period of three months from the date of filing of such petition / appeal. (Rakesh Kumar, J) Praful/- U