South Bihar Power Distribution ... vs The State Of Bihar
2021 Latest Caselaw 612 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.377 of 2019
                                          In
                    Civil Writ Jurisdiction Case No.10224 of 2013
     ======================================================

1. South Bihar Power Distribution Company Limited, through its managing Director, (Formerly known as Bihar State Electricity Board) Vidut Bhawan, Bailey Road, Patna.

2. The Electrical Executive Engineer, Electrical Supply Division, Fatuha.

3. The Assistant Electrical Engineer, Electrical, Supply Sub-Division, Didargan, Patna.

... ... Appellant/s Versus

1. The State of Bihar through Energy Secretary, Energy Department, Patna.

2. The Appellate Authority-cum-Electrical Inspector Electrical Inspectorate, South Bihar, Bailey Road, Patna.

3. M/s Jyoti Moulders Private Limited, Birla Mandir Road, Patna through its Director, Mr. Vikram Banka Son of Sri Prakash Chandra Banka, Mohammadpur, Kothia, Didarganj, P.S.- Didarganj, District- Patna.

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

For the Appellant/s : Mr. Vinay Kirti Singh, Sr. Advocate Mr. Vijay Kr. Verma, Advocate Mr. Akhileshwar Singh For the Respondent/s : Mr. Suraj Samdarshi, Advocate Mr. Ranjan Prakash, Advocate Mr. Shankar Kumar, AC to AAG 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 03-02-2021

We have heard learned counsel for the parties and

also perused the records.

We are of the considered view that no case for

interference is made out in the present appeal. We are in

agreement with the submission of learned counsel for the Patna High Court L.P.A No.377 of 2019 dt.03-02-2021

appellant that the order does not deal with all the contentions

arising for consideration. However, we do not find any infirmity

with the final conclusion in dismissing the writ petition.

We are dealing with a case where an FIR was

registered against the respondent no. 3, for allegedly having

committed theft of electricity. Pursuant thereto, challan was

presented and, as on date, the respondent no. 3 stands acquitted

against which, an appeal stands preferred.

However, the Electricity Act, 2003 (hereinafter

referred to as the 'Act') provides mechanism for dealing with

the civil liability of persons indulging into such activities.

Part XII, Part XIV and Part XV of the Act provides

a complete mechanism for dealing with such eventualities. By

virtue of Section 126 of the Act, if on an inspection of any place

or premises, it is found that the equipments, gadgets, machines

or devices is connected or used unauthorisedly, the officer in-

charge is entitled to provisionally assess to the best of his

judgment, the electricity charges payable by such persons.

An appeal arising therefrom lies before the

Appellate Authority by virtue of Section 127 of the Act. We

notice that the authorities, by virtue of such provisions, passed

the appellate order dated 23rd August, 2011 (Annexure-1) as also Patna High Court L.P.A No.377 of 2019 dt.03-02-2021

the order dated 11.07.2011, passed by the Assessing Authority,

(Annexure-3) appended to the writ petition.

Learned Single Judge rightly held that the writ

petitioner has got remedy under the special statute, though

reference of the provisions is not made in the order.

Learned counsel for the respondent no. 3 invites our

attention to the provision of Section 154 of the Act and, more

specifically, Sub-sections (5) and (6) thereof. Also, the decision

rendered by a Co-ordinate Bench of this Court in 2012(2) PLJR

229 titled as Mosmat Swaran @ Swaran Manraw Vs. The State

of Bihar & Anr.

The Act itself provides for a complete mechanism of

assessment of the dues as also determination of civil liabilities

under the Act (Section 154). We also notice that further

mechanism has been provided for preferring an appeal/revision

and review under Sections 156 and 157 of the Act.

The issue pertains to the year 2011. As such, we

dispose of the present appeal with a direction to the appropriate

authority constituted under the Act to decide the application as

and when filed by the petitioner, expeditiously and preferably

within a period of six months.

Patna High Court L.P.A No.377 of 2019 dt.03-02-2021

Interlocutory Application(s), if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) anil/-

AFR/NAFR
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Uploading Date          05.02.2021
Transmission Date