Hari Narayan Sah v. The North Bihar Power Distribution Co. Ltd.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.629 of 2025 ====================================================== Hari Narayan Sah Son of Bhaiya Lal Sah, Resident of Village- Piprahi, Tola Piprahi, Ward No.- 9, P.S.- Raghopur, District- Supaul. ... ... Petitioner/s
Versus
1.
The North Bihar Power Distribution Co. Ltd. through Chairman- CumManaging Director, Patna. 2.
The Superintending Engineer, North Bihar Power Distribution Co. Ltd., Saharsa.
3.
The Junior Engineer, Electricity Supply Division, North Bihar Power Distribution Co. Ltd., Raghopur, District- Supaul. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad, Advocate.
Mr. Manoj Kumar, Advocate.
Ms. Pooja Prasad, Advocate.
For the Respondent/s :
Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 16-09-2025 In the counter affidavit filed by the respondentauthority at Paragraph No. 9, it is stated as under:- "9. That it is humbly submitted that during a departmental inquiry conducted by the Junior Electrical Engineer, Electricity Supply Branch, Raghopur along with the investigative team on 14.07.2023, it was discovered that the petitioner was illegally consuming electricity by bypassing the meter. This was done by cutting the service wire from the electric pole to his premises before it reached the meter.
Against a sanctioned load of 1 KW, the petitioner was found consuming 4.249
Patna High Court CWJC No.629 of 2025(6) dt.16-09-2025 2/3 KW. Consequently, Raghopur Police Station Case No. 272/2023, dated 16.07.2023 was registered under Section 135 of the Electricity Act, 2003 based on the complaint filed by the Junior Electrical Engineer, Electricity Supply Branch, Raghopur. The department has incurred a total loss of Rs.1,64,489/- due to this theft. The Petitioner's electricity connection was disconnected due to this illegal activity, and not for any other reason. The connection remains disconnected as the petitioner has failed to pay the assessed fine."
2. When queried by this Court, the learned counsel appearing on behalf of the respondents submits that he has no instructions as to whether the amount of loss incurred by the respondent-authority is provisional one or a final assessment. Learned counsel submits that the authority will serve the copy of the provisional assessment on the petitioner and the petitioner may be directed to file his objection and thereafter, the final assessment will be passed.
3. Having regard to the above, the present writ petition is disposed of directing the respondent-authority to serve the copy of the provisional assessment on the petitioner and the petitioner after receipt of the same shall file his objections within a period of two weeks from the date of the receipt of the copy of the provisional assessment, thereafter, the
Patna High Court CWJC No.629 of 2025(6) dt.16-09-2025 3/3 authority shall pass a final assessment order duly taking into consideration the objections filed by the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of six weeks from the date of receipt of the copy of this order. In case the petitioner is desirous of getting re-connection, the petitioner shall pay 50% of the assessed amount and thereafter, file an appeal against the final assessment order before the Consumer Grievance Redressal Forum (CGRF).
4. With the above direction, the present Writ Petition stands disposed of.
(A. Abhishek Reddy, J) shakir/- U