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Patna High CourtCWJC/23490/2019dfd for non appearance

Subodh Kumar @ Subodh Kumar Singh v. The South Bihar Power Distribution Company Ltd.

2023-01-04The Chief Justice -,Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23490 of 2019 ====================================================== Subodh Kumar @ Subodh Kumar Singh Son of Late Kashi Singh, Resident of Village-Samod Bigha, P.S. Sherghati, District-Gaya. ... ... Petitioner/s

Versus

1.

The South Bihar Power Distribution Company Ltd. Through its Chairman, Gaya, Bihar.

2.

The Assistant Electric Engineer, Camp Electric Supply Section, Sherghati, District Gaya.

3.

The Junior Electric Engineer, Camp Electric Supply Section, Sherghati, District Gaya.

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

For the Petitioner/s :

None For the SBPDCL :

Mr. Kunal Tiwary, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-01-2023 Petitioner has prayed for the following relief(s): "For issuance appointment writ(s) direction(s) to the respondents to return the amount of Rs. 2,09,374/- (Two lack Nine Thousand Three Hundred Seventy Four) to the petitioner with interest which has been illegally realized from him in the name of Electric theft on the basis of on F.I.R. bearing Sherghati P.S. case no. 402/18 lodged under section 135 of the Electricity Act.

And/or for any other appropriate relief(s) to the petitioner for which he may be

Patna High Court CWJC No.23490 of 2019(3) dt.04-01-2023 2/2 found entitled to in the eye of law."

On 02.01.2023, we had passed the following order: "Learned Senior counsel appearing for South Bihar Power Distribution Company Ltd., States that the present petition is not maintainable inasmuch as the petitioner cannot be allowed to challenge the order passed in his application seeking bail in relation to an FIR, subject matter of Annexure-2, Page 15.

Despite repeated calls, none has entered appearance on behalf of the petitioner. However, in the interest of justice, matter is adjourned.

List this case on 04.01.2023, in the category of "Order Matters"."

Even today, despite repeated calls and pass over, none appears for the petitioner.

Petition is dismissed for default.

(Sanjay Karol, CJ) ( Partha Sarthy, J) DKS/KC U