Central Bank Of India v. The Chairman Cum Managing Director, Bihar State Power Holding Company Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17908 of 2017 =========================================================== Central Bank of India, Singhwara Branch, Singhwara, District - Darbhanga through its Branch Manager.

.... .... Petitioner

Versus

1. The Chairman Cum Managing Director, Bihar State Power Holding Company Ltd., Bailey Road, Patna.

2. North Bihar Power Distribution Company Limited through its Managing Director.

3. The Assistant Electrical Engineer, Darbhanga (Rural), North Bihar Power Distribution Company Ltd., Darbhanga.

4. Superintending Electrical Engineer, North Bihar Power Distribution Company Ltd., Darbhanga.

.... .... Respondents =========================================================== Appearance:

For the Petitioner : Mr. Ajay Kumar Sinha, Advocate For the Respondents : Mr. Vinay Kirti Singh, Sr. Advocate Mr. Vijay Kumar Verma, Advocate Mr. Akhileshwar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 09-05-2018 As prayed, learned counsel for the petitioner is permitted to implead the Managing Director, North Bihar Power Distribution Company Ltd., Patna as respondent no. 5 in course of the day.

2. The present writ petition has been filed for the following reliefs - "(i) For issuance of appropriate writ/ direction/ order for quashing letter dated 17.02.2016 enclosing revised bill dated 17.02.2016 of arrears amounting to Rs. 6,36,315.40, Consumer A/c No. 6343838/SGWA/90/NDS2 by which the respondent no. 3 has demanded payment of the same within one week failing which the same will added in the bill of 2/16 (Annexure-P/1). (ii) For issuance of appropriate writ/direction/ order for

quashing letter no. 361 dated 30.05.2017 providing calculation of Arrears of Rs. 6,36,315.40 (Annexure-P/2).

(iii) For issuance of appropriate writ/direction/order for quashing disconnection notice vide letter no. 265 dated 15.04.2017 showing arrears due to Rs. 7,06,016/- directing the petitioner to pay the same within 15 days failing which the electricity supply will be disconnected (Annexure-P/3). (iv) For issuance of appropriate writ/direction/order directing the respondents to restore electrical supply to the petitioner without insisting of payment of arrears aforesaid. (v) For issuance of other appropriate writ/direction/order which the petitioner in the facts and circumstances of this case is found entitled to."

3. At the very outset, learned counsel for the petitioner submits that a representation dated 04.09.2017 has been filed before the Managing Director, of the respondent-Power Company with regard to the excessive bill of December, 2016 and for non-payment of which the power supply has been disconnected on 08.08.2017, but despite lapse of over six months thereof, the same remains pending.

4. It is submitted that it will suffice if the said representation dated 04.09.2017 is directed to be disposed of expeditiously in which event the prayers made in the writ petition need not be pressed at this stage.

5. Learned counsel for the respondent-Power Company has no objection in this regard.

6. Considering the nature of the grievances of the petitioner and the limited prayer now made, this Court is of the view that the ends of justice will be met if the Managing Director of the Power Company (Respondent No. 5) is directed to consider and dispose of the petitioner's representation

dated 04.09.2017 (Annexure-5), if not already disposed of, expeditiously and in any event within a week from today. The issue with regard to restoration of the electric connection be also considered by the respondent no. 5 after grant of opportunity of hearing to the petitioner in accordance with law.

7. The writ petition stands disposed of.

(Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 15.05.2018 Transmission Date N.A.