Citation : 2023 Latest Caselaw 484 Patna
Judgement Date : 30 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17441 of 2022
======================================================
Rajesh Kumar Son of Sidhnath Prasad Chaurasiya, Residence of Village- Karahasi, Post- Karahasi, District- Buxar- 802102. Present address - Teacher Colony Buxar, Ward no. - 05, District Buxar - 802101
... ... Petitioner/s Versus
1. The State of Bihar through the Chief Secretary, Sachiwalya, Patna.
2. The Principal Secretary Electricity Department Sachiwalya, Patna.
3. The Chairman Cum-Manging Director, South Bihar Power Distribution Company Ltd. Second Floor, Vidhut Bhawan, Baily Road, Patna.
4. The Superintendent Electric Engineer Circle- Ara.
5. The Electric Executive Engineer, Division Buxar. South Bihar Power Distribution Company Ltd.
6. The Electric Assistant Engineer (Town) Sub-Division, Buxar.
7. The Electric Junior Engineer (West Town) Sub-Division Buxar. South Bihar Power Distribution Company Ltd.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate For the Respondent/s : M/s Subhash Pd. Singh, GA 3 Indeshwari Prasad Mandal, AC to GA 3 For the SBPDC : M/s Anand Kumar Rajan Prakash, Advocates ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 30-01-2023
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"That the Present writ petition craves indulgence of this Hon'ble Court in representatives capacity for issuance of writ in the nature of mandamus for violation of Articles Constitution of India.
Respondent no 19, 21 & 51 A(h) of the 5 has not Patna High Court CWJC No.17441 of 2022 dt.30-01-2023
consider Representation on 10/09/2018 for correction to error bill April - 2014 as amounts of Rs. 11,472/ & May 2014 as amounts of Rs. 26,200/without meter reading bill has deliver to consumer as yet. As wrong bill has been increase /growing continue now still months Feb 2022 as growth error amounts of Rs. 3,28,676 as yet. Therefore at once electric connection has removed on 18/02/2022 by Junior Electric Engineer without error bill correction. Which has been pending on 10/09/2018 before Respondent no 5 in this - circumstance no right to remove electric connection without information to consumer. Previously bill has not clear show meter reading as yet. As petitioner is ready any time to paid real electric bill amounts after error bill correction. DPS charge has growth by respondent from pending case no - 26/19 before District Consumer Forum Buxar because Respondent no - 5,6 & 7 has not submit to WS before Forum within fixed date & time.
And further for issuance of writ or writs direction or directions as it may deem fit and proper to this case."
Having heard learned counsel for the parties
finding the Bench not to be in favour with the submissions made
across the Bar, learned counsel for the petitioner submits that
the petitioner shall be content, if the petitioner is permitted to
move an application seeking expeditious hearing of the Patna High Court CWJC No.17441 of 2022 dt.30-01-2023
proceedings, which are pending before the District Consumer
Forum, Buxar, with a further direction to the said authority to
have the matter decided expeditiously.
Well, none can have any objection to the same.
As such, we allow the petitioner to approach the
competent authority moving an application for early hearing
and with a further direction to the authority to decide the
matter expeditiously within a period of six months from the date
of approaching the petitioner to him.
The petition stands disposed of in the aforesaid
terms.
Interlocutory Application(s), if any, stands
disposed of.
(Sanjay Karol, CJ)
( Partha Sarthy, J) Spd/-Sujeet AFR/NAFR CAV DATE Uploading Date 31.01.2023 Transmission Date
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