Manju Sinha v. The Bihar State Power Holding Company Ltd. Through Its Managing Director
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.732 of 2018 In Civil Writ Jurisdiction Case No.4185 of 2016 ====================================================== Manju Sinha, wife of Late Chandramauleshwar Prasad Narayan Singh, resident of Mohan Bhawan, East Boring Canal Road, P.S.- Budha Colony, District- Patna 800001 ... ... Appellant/s
Versus
1. The Bihar State Power Holding Company Ltd. Through Its Managing Director
2. The Managing Director, Bihar State Power Holding Company Ltd., Vidut Bhawan, Bailey Road, Patna
3. The South Bihar Power Distribution Company Ltd. Through its General Manager, Vidut Bhawan, Bailey Road, Patna 4.
The General Manager, South Bihar Power Distribution Company Ltd., Patna
5. The Superintending Engineer, South Bihar Power Distribution Company Ltd., Patna Division, Patna
6. The Executive Engineer, South Bihar Power Distribution Company Ltd., Patna Division, Patna
7. The Assistant Engineer, South Bihar Power Distribution Company Ltd., Patna Sub-Division, Patna ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Kanhaiya Pandey, Advocate For the Respondent/s :
Mr. Vinay Kirti Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-07-2018 In the present case, learned Writ Court has only relegated the petitioner to take recourse to the alternative remedy under Section 42(5) of the Electricity Act and in doing so, we are
Patna High Court LPA No.732 of 2018 dt.11-07-2018 2/2 of the considered view, the learned Writ Court has not committed any error warranting re-consideration.
Learned counsel appearing for the appellant tried to indicate that earlier in certain other petitions indulgence was made by this Court. Once there is a statutory remedy and the learned Writ Court has refused to exercise its discretionary jurisdiction under Article 226 of the Constitution, we see no reason to make any indulgence into the mater.
Granting liberty to the petitioner to take recourse to the statutory remedy under Section 42(5) of the Electricity Act, we dispose of the matter.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 16.07.2018 Transmission Date N/A