Bholi Devi v. The North Bihar Power Distribution Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1160 of 2024 In Civil Writ Jurisdiction Case No.6968 of 2024 ====================================================== Bholi Devi, Wife of Suresh Choudhary, Resident of Simri Bakhtiyarpur, Kanutola, Ward No.- 10, P.S.- Simri Bakhtiyarpur, District- Saharsa, Bihar. ... ... Appellant/s

Versus

1.

The North Bihar Power Distribution Company Limited through its Managing Director, Patna Bihar.

2.

The Managing Director, North Bihar Power Distribution Company Limited, Vidhut Bhawan, Patna, Bihar.

3.

The Assistant Electricity Engineer, Electricity Supply Sub Division, Simari Bakhtiyarpur/Sonvarsha Raj, District- Saharsa. 4.

The Junior Electricity Engineer, Electricity Supply Sub-Branch, Simari Bakhtiyarpur, Saharsa.

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

For the Appellant/s :

Mr.Prince Kumar Mishra, Advocate Mr. Vikas Kumar Jha, Advocate For the Respondent/s :

Mr.Vinay Kirti Singh, Sr. Advocate For the BSPHCL :

Mr. Kumar Priya Ranjan, Addl. S.C.

Mr. Sudarshan Bharadwaj, Advocate Mr. Sandeep Kumar, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 02-04-2025 Re: I.A. No. 01 of 2025 The learned counsel for the appellant presses I.A. No. 01 of 2025 seeking condonation of delay of 13 days in preferring this appeal.

2. For the reasons stated in the Interlocutory Application, the delay of 13 days in preferring this appeal is

Patna High Court L.P.A No.1160 of 2024 dt.02-04-2025 2/3 condoned.

3. The Interlocutory Application No. 01 of 2025 stands allowed.

Re: L.P.A. No. 1160 of 2024

4. By the impugned order dated 30.09.2024 passed in CWJC No. 6968 of 2024, a learned Single Judge of this Court, on finding that the appellant had an alternative and effective remedy of preferring an application under Section 42 (5) of the Electricity Act, 2003 before the Consumer Grievance Redressal Forum (for short 'C.G.R.F.'), relegated her to prefer such complaint before the authority referred to above.

5. There is no reason for us to interfere with the aforenoted judgment.

6. It would be open for the appellant to approach the C.G.R.F. within a period of six weeks, to be counted from today, which shall be entertained by the C.G.R.F. and necessary orders in accordance with law shall be passed.

7. It would be open for the appellant to challenge the aforesaid order before the appropriate forum, should she deem it necessary to do so.

Patna High Court L.P.A No.1160 of 2024 dt.02-04-2025 3/3

8. The interim arrangement in the impugned judgment shall continue till the time the complaint is decided by the C.G.R.F.

9. The appeal stands disposed of with the aforenoted observations/directions.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) P.K.P./- AFR/NAFR CAV DATE Uploading Date 03.04.2025 Transmission Date