M/S. Patna Iron Private Limited v. The South Bihar Power Distribution Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18289 of 2022 ====================================================== M/s. Patna Iron Private Limited A Company incorporated under the provisions of the Companies Act, 1956 having its Unit at Phase-III, Industrial Area Fatuha, District- Patna and its registered office at Ground Floor, Suprabhat Building, CEAT Compound, Exhibition Road, Patna- 800001, through its Director, Santosh Kumar Mandholia, aged about 62 years, Son of Mulchand Mandholia, resident of 32, Krishna Kunj Apartment, Sahdev Mahto Marg, Boring Road, P.O. G.P.O., P.S.- Buddha Colony, Town and DistrictPatna. ... ... Petitioner/s

Versus

1.

The South Bihar Power Distribution Company Limited Vidyut Bhawan, Bailey Road, Patna, through its Managing Director. 2.

The General Manager (Revenue), South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna.

3.

The Electrical Superintending Engineer (Commercial), South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna. 4.

The Electrical Executive Engineer (H.T. Cell), South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna. 5.

The Electrical Executive Engineer, Electric Supply Division, Fathuha, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Samdarshi, Adv.

Mr. Rohit Singh, Adv.

For the Respondent/s :

Mr. Vinay Kirti Singh, Adv.

Mr. Venkatesh Kirti, Adv.

Mr. Akhileshwar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 20-11-2024 Having regard to the fact that the petitioner is having an alternative and effective statutory remedy of approaching the Ombudsman under Section 42(6) of the Electricity Act, 2003, this Court is not inclined to entertain the present writ petition.

2. The present writ petition is disposed of granting

Patna High Court CWJC No.18289 of 2022(10) dt.20-11-2024 2/2 liberty to the petitioner to approach the Ombudsman within a period of four weeks from today. On such case being filed, the Hon'ble Ombudsman shall consider the same on merits and decide the case within a period of four weeks thereof on its own merits.

3. The interim protection granted by this Court vide order dated 14.03.2023 shall remain in force for a period of four weeks from today. If the petitioner is so advised, he can file a separate application before the Ombudsman restraining the respondents from disconnecting the power supplies and the said application shall be considered and orders passed by the Ombudsman on merits.

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

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