Yamuna Singh vs The Bihar State Power (Holding) ...
2023 Latest Caselaw 3670 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2316 of 2023
     ======================================================

Yamuna Singh S/o Late Shiv Bachan Singh, Resident of Village - Karigaon, P.S. - Mohaniya, District - Kaimur (Bhabua).

... ... 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, Vidut Bhawan, Bailey Road, Patna through its Director.

3. The Chief Engineer (Commercial), South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna.

4. The District Magistrate-cum-second Appellate Authority, Public Grievance Redressal Officer, Kaimur (Bhabua).

5. The Additional District Magistrate-cum-First Appellate Authority, Public Grievance Redressal Officer, Kaimur (Bhabua).

6. The Sub-Divisional Public Grievance Redressal Officer, Mohaniya, Kaimur (Bhabua).

7. The Electrical Executive Engineer, Power Supply Sub-Division, Bhabua, Kaimur.

8. The Assistant Electrical Executive Engineer, Power Supply Division, Kudra.

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

For the Petitioner/s : Mr. Shyam Bihari Singh, Adv. For the Respondent/s : Mr. Subhash Prasad Singh ( Ga 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT Date : 10-08-2023

1. The present writ petition has been filed for the

following reliefs:

"That this is an application for

issuance of a writ in the nature of certiorari for

quashing the order dated 17.10.2022 passed in

Unique Number 531110109022201653/2A

contained in Memo No. 4751/Vidhi dated

17.10.2022 by learned District. Magistrate-

Patna High Court CWJC No.2316 of 2023 dt.10-08-2023

Cum-Second Appellate Authority, Public

Grievance Redressal Officer, Kaimur (Bhabua)

(Respondent No. 4) whereby and where under

the second appeal filed by the petitioner for

correction in Electric Bill of Electric consumer

No. 22530019444, Meter Serial No.

SB5777723, category- LTIS2D has been

rejected without considering the facts and

circumstances of the case and further the

petitioner prayed for issuance of consequential

writ in nature of mandamus commanding and

directing the respondent authorities to restore

the electric connection of the Industrial

campus of the petitioner which had been

disconnected since March, 2018 immediately

after correction of wrong electric Bill and also

to direct the respondent authorities to restore

the electric connection of his residential house

belongs to his wife namely Fulwaso Devi

bearing consumer No. 22530028275 DS- IID

which has been disconnected since December

2021 due to surcharge of his dues amount of

Industrial campus and/or for issuance of such

other writ/order/direction for which the

petitioner may be found legally entitled to in Patna High Court CWJC No.2316 of 2023 dt.10-08-2023

the facts and circumstances of the matter stated

herein after."

2. Learned counsel for the petitioner after arguing the

matter on the merits has stated that the petitioner is willing to pay

the amounts due on the connection which was given to the rice

mill provided he is given some installments. And that the

authorities concerned may be directed to restore the power

connection to the residential unit immediately.

3. Learned counsel appearing on behalf of the

respondents has stated that the petitioner may make a

representation to the Respondent No. 3, i.e. the Chief Engineer

(Commercial), South Bihar Power Distribution Company Limited,

ventilating his grievances and also an undertaking to the effect that

the petitioner will pay the total amounts which are due on the rice

mill and on such representation being made, the authorities

concerned shall consider the same and pass necessary orders and

restore the power to the residence of the petitioner.

4. Having regard to the above made submission, without

going into the merits or demerits of the case, the petitioner is

directed to make a representation to the authorities concerned,

Respondent No. 3 i.e. the Chief Engineer (Commercial), South

Bihar Power Distribution Company Limited and also given an

undertaking that he will pay the total amounts due on the rice mill Patna High Court CWJC No.2316 of 2023 dt.10-08-2023

within a period of three weeks from the date of the receipt of the

copy of the order and on such receipt of the representation, the

authorities concerned shall give an opportunity to the petitioner to

pay the admitted amounts of Rs. 4,33,243/- in six monthly

installements and pass necessary orders to that effect. The

authorities concerned shall restore the power supply of the

residential unit to the petitioner provided there are no previous

dues payable on the said connection to the concerned authorities.

5. If the petitioner does not pay the admitted amounts

which are payable on the rice mill, as per the scheduled

installements the authorities concerned are free to take necessary

action for disconnection of the power supply of the residential unit

also and also for recover of the amounts due to the Corporation.

6. With the above direction, this writ petition is disposed

off.

(A. Abhishek Reddy, J) Ayush/-

AFR/NAFR                        NAFR
CAV DATE                         N/A
Uploading Date                16.08.2023.
Transmission Date                N/A