Patna High Court
The North Bihar Power ... vs The State Of Bihar Through ... on 6 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10755 of 2021
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The North Bihar Power Distribution Company Ltd. through the Electrical
Superintending Engineer (ESE), at Electric Supply Circle, Chapra under the
North Bihar Power Distribution company Ltd. having registered at Vidyut
Bhawan, Bailey Road, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Department of the Law and Justice,
Government of Bihar, Patna.
2. The District Legal Services Authorities, Saran at Chapra through its
Chairman having office at District Court Cam,Campus, Chapra.
3. The Chairman, Permanent Lok Adalat, Saran at Chapra.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anand Kumar Ojha, Advocate
For the Respondent/s : Mr. Yogendra Pd. Sinha, AAG-7
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 06-01-2022
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.10755 of 2021 dt.06-01-2022
It is the petitioner's grievance that by passing a
blanket order dated 2nd February, 2021 (Annexure-1 Page 36)
and 22nd March, 2021 (Annexure 4 Page- 40), Respondent No.
3 has prevented the petitioner from exercising its statutory right,
as envisaged under Section 56 of the Indian Electricity Act.
We notice that vide impugned orders, the Respondent
No. 3 has directed the petitioner-company not to disconnect the
electricity connection, in such of those cases where summons
stand issued, save and except, without the leave of such
Patna High Court CWJC No.10755 of 2021 dt.06-01-2022
authority.
Having heard Shri Anand Kumar Ojha, learned
counsel for the petitioner as also learned counsel for the State,
we are of the considered view that the present petition can be
disposed of on the following terms:-
(a) The jurisdictional issue of the Respondent No. 3 to
pass such an order is left open to be adjudicated, should the
need so arise in an appropriate proceeding;
(b) In any case, it is open for the petitioner to agitate
the same before the said authority;
(c) The petitioner shall approach the appropriate
authority seeking modification of the order and also early
disposal of the petitions which are pending consideration.
From Annexure-3, Page 38, we notice that petitions
are pending since the year 2018 onwards and the arrears due and
payable to the service providers is more than 42.87 crores.
At this stage, Shri Anand Kumar Ojha states that the
total amount pertaining to District- Chapra itself is more than
143 crores as also averred in para-21 of the petition.
As and when any such application is moved, the
appropriate authority shall take up the same on day-to-day basis
and decide the same expeditiously and positively within a
Patna High Court CWJC No.10755 of 2021 dt.06-01-2022
period of four weeks thereafter.
Petition stands disposed of in the aforesaid terms.
Liberty reserved to the petitioner to approach the
court on same and subsequent cause of action, should the need
so arise.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sujit/-Ashwini
AFR/NAFR
CAV DATE
Uploading Date 08.01.2022
Transmission Date
