Patna High CourtCWJC/616/2020disposed

South Bihar Power Distribution Co. Ltd. v. The State Of Bihar

2022-09-19The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.616 of 2020 ====================================================== 1.

South Bihar Power Distribution Co. Ltd. Vidhut Bhawan, Patna through its Managing Director 2.

The Electrical Executive Engineer Electric Supply Division, Gulzarbagh, Sandalpur, Patna 3.

Assistant Electrical Engineer Electric Supply Sub Division, Gaighat 4.

Junior Electric Engineer Electric Supply Section, Pathar Ki Masjid, Patna ... ... Petitioner/s

Versus

The State of Bihar through Energy Secretary, Department of Energy, Bihar at Patna 2.

The Additional Collector-cum-Appellate Authority Vikash Bhawan, Patna Collectoriate, Patna 3.

Tek Narayan Choudhary S/o Late Thakur Choudhary Resident of Mohamadpur, P.o.- Mahendru, P.s.- Sultanganj, District- Patna-800006 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Kumar, Advocate For the Respondent/s :

Mr.Abbas Haider (SC6) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 19-09-2022 Petitioners have prayed for the following relief(s): "For issuance of appropriate writ(s), order(s) or direction to quash the order dated 27.09.2016 passed by the respondent no-2 (Additional Collector-cum-Appellate Authority, Patna) in Electricity Appeal Case No-60/of 2014 whereby and whereunder the respondent no-2 without appreciating the factual, technical and legal aspect of the matter set aside the final assessment order dated 26.03.2014 passed by

Patna High Court CWJC No.616 of 2020 dt.19-09-2022 2/2 the petitioner no-3 (Assistant Electrical Engineer-cum-Assessing Officer, Gaighat) in the following facts and circumstances."

In view of the pettiness of the claim and the amount involved being Rs.83,000/- (approximately) only, we are not inclined to interfere with the order dated 27.09.2016, passed by the appellate authority constituted under Section 127 of the Electricity Act, 2003, namely Additional Collector-cumAppellate Authority, Patna, in Electricity Appeal Case No.-60 of 2014.

However, the order passed shall not be treated as a precedent.

All questions of law and fact are left open.

Petition stands closed.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS AFR/NAFR CAV DATE Uploading Date 20.09.2022 Transmission Date