Patna High Court
Smt. Radha Dokania @ Radha Devi ... vs The Bihar State Power Holding ... on 11 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2330 of 2019
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Rajesh Kumar Dokania, Son of Surendra kumar Dokania, Resident of
Marwari Tola Lane, Radha Market Sujaganj, Jagdishpur, P.S. Kotwali,
District, Bhagalpur, Bihar.
... ... Petitioner/s
Versus
1. The Bihar State Power (Holding) Company Limited, Vidyut Bhawan, bailey
Road, Patna, through its Chairman-cum- Managing Director.
2. The South Bihar power Distribution company limited, Vidyut Bhawan,
Bailey Road, Patna, through its Managing Director.
3. The Chief Engineer (Commercial), South Bihar Power Distribution
Company Limited, Vidyut Bhawan, Bailey Road, Patna
4. The Electrical Executive Engineer, Electrical Supply Division, Bhagalpur
(Urban) South Bihar Power Distribution company Limited, Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Samdarshi, Advocate
For the Respondent/s : Mr.Vinay Kirti Singh, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 11-08-2022
Re: I.A. No. 2 of 2022
The instant Interlocutory Application has been
disposed of vide common order passed on 10.08.2022 in CWJC
No. 9669 of 2022 titled as M/s Rajesh Industries Vs The State of
Bihar & Ors. and CWJC No. 2330 of 2019 titled as Smt. Radha
Dokania @ Radha Devi Dokania Vs The Bihar State Power
Holding Company Limited and Ors.
Patna High Court CWJC No.2330 of 2019 dt.11-08-2022
We clarify that the said order has been passed in the
instant petition, which is quoted hereinbelow:--
"Re. I.A. No.2 of 2022 in CWJC No.2330 of 2019:
Original proprietor, namely, Smt. Radha Dokania
@ Radha Devi Dokania, owner of M/s Rajesh
Industries, has since expired. As such, her sole
surviving beneficiary, namely, Mr. Rajesh Kumar
Dokania, aged about 52 years (male), Son of
Surendra Kumar Dokania, as also that of the
deceased, Resident of Marwari Tola Lane, Radha
Market Sujaganj, Jagdishpur, P.S. Kotwali,
District, Bhagalpur, Bihar is substituted in place of
the original petitioner.
Registry to make necessary correction
in the memo of parties, both in the digital as also
physical file.
I.A. No.2 of 2022 stands disposed of.
Re. CWJC No.9669 of 2022 & CWJC No.2330 of
2019:
List on 11.08.2022."
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.2330 of 2019 dt.11-08-2022
There is dispute with regard to non-compliance of
order dated 4th of February, 2013, passed by the Consumer
Grievance Redressal Forum, Patna. This has resulted into
multiple litigation at various stages and levels.
Undisputedly, on account of non-payment of dues, the
electric connection stands disconnected by the respondent
Patna High Court CWJC No.2330 of 2019 dt.11-08-2022
resulting into non-functioning of an industrial unit set up by the
petitioner.
The original petitioner Smt. Radha Dokania @ Radha
Devi Dokania has since expired and her sole surviving
beneficiary intends to resolve the dispute by placing on record
before the appropriate authority, entire materials indicating
compliance of the said order.
According to the present petitioner, the total amount
due and payable is just one and half lakhs (approximately).
According to the respondent, it is more than 37 lakhs
(approximately).
This position is seriously disputed by the petitioner on
the ground that the benefits to be accounted for, in terms of the
order passed by the Consumer Grievance Redressal Forum,
have not been accounted for and passed on to the petitioner.
Having heard learned counsel for the parties, we are
of the considered view that the issue can be best resolved with
the matter being again taken up by the Consumer Grievance
Redressal Forum, Patna for opining as to whether the said order
stands complied with in toto by all the parties or not.
As jointly prayed for, we direct the parties to appear
before the Consumer Grievance Redressal Forum on 23 rd of
Patna High Court CWJC No.2330 of 2019 dt.11-08-2022
August, 2022 and place on record the instant order. Also, liberty
is reserved to the parties to place materials in support of the
respective contentions. We further direct the said authority to
positively decide all the issues within a period of four weeks
thereafter.
We clarified that only with the compliance of the
order passed by the Consumer Grievance Redressal Forum,
including payment of dues, the electric connection shall be
restored.
With the aforesaid direction, the present petition
stands disposed of.
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR
CAV DATE
Uploading Date
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