Patna High Court
Chanda Sinha vs The State Of Bihar on 10 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9664 of 2022
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Chanda Sinha Wife of Sri Anchit Kumar Sinha Resident of L.N. Singh Lane,
Thakurbari, Mohalla- Sujapur P.S.- Nathnagar, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Energy,
Government of Bihar, Patna.
2. The South Bihar Power Distribution Company Ltd. Vidyut Bhawan, Bailey
Road, Patna-1, Bihar.
3. The Managing Director South Bihar Power Distribution Company Ltd.,
Vidyut Bhawan, Bailey Road, Patna-1, Bihar.
4. The Chief Engineer (Commercial) South Bihar Power Distribution Company
Ltd., Vidyut Bhawan, Bailey Road, Patna-1, Bihar.
5. Electrical Executive Engineer Electric Supply Division (Urban), South Bihar
Power Distribution Company Ltd., Bhagalpur.
6. Asst. Electrical Engineer Electric Supply Division (Urban), South Bihar
Power Distribution Company Ltd., Bhagalpur.
7. Add. Collector-cum-Public Complaint Redressal Officer Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vivekanand Vivek, Advocate
For the Respondent/s : Mr.Subhash Prasad Singh ( G.A. 3 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 10-08-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"(i) For issuance of an appropriate
writ/writs order/orders/direction/directions
commanding the respondents to direct the
respondent authorities to connect the electric
Supply of the petitioner bearing Consumer No.
233303455907 forthwith which was illegally
Patna High Court CWJC No.9664 of 2022 dt.10-08-2022
disconnected without any prior notice to the
petitioner.
(ii) For issuance of an appropriate
writ/writs/order/orders/direction/directions
commanding the respondents to quash the illegal
demand of Rs. 8,64,950/- in pursuance to illegal
Bill for the month of August 2020 contained in
Annexure-7 of the application.
(iii) For issuance of any appropriate
writ/writs/order/orders/direction/directions to
which the petitioner is entitled in accordance with
law."
After the matter was heard for some time, learned
counsel appearing on behalf of the petitioner, under
instructions, states that petitioner may be permitted to prefer
an appeal against the impugned order before the Appellate
Authority.
Permission granted.
Learned counsel for the respondents states that if
such an appeal is preferred within a period of four weeks from
today, the issue of limitation, if any, shall neither be raised nor
allowed to come in the way of adjudication of the appeal on
merits.
Statement accepted and taken on record.
As such, petition stands disposed of in the following
mutually agreeable terms:-
Patna High Court CWJC No.9664 of 2022 dt.10-08-2022
(a) Petitioner is permitted to prefer an appeal within a
period of four weeks from today;
(b) In the event of appeal being preferred within a
period of four weeks from today, the issue of limitation shall
not come in the way of adjudication of the appeal on merits;
(c) Opportunity shall be granted to the parties to
place on record all essential documents and materials, if so
required and desired;
(d) Petitioner through learned counsel undertakes to
fully cooperate and not take unnecessary adjournment;
(e) The Appellate Authority shall decide the appeal
on merits, in compliance of the principles of natural justice;
(f) The Appellate Authority shall pass a reasoned and
speaking order, within a period of eight weeks from the date
of filing of the appeal;
(g) Copy of the reasoned and speaking order passed
by the Appellate Authority shall be supplied to the parties;
(h) Equally, liberty reserved to the parties to take
recourse to such other remedies as are otherwise available in
accordance with law;
(i) We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise available in law,
Patna High Court CWJC No.9664 of 2022 dt.10-08-2022
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch;
(j) We have not expressed any opinion on merits and
all issues are left open;
(k) Liberty reserved to the petitioner to challenge the
order, before the appropriate forum, if required and desired.
The instant petition sands disposed of in the
aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR
CAV DATE
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