Prameela Devi vs The South Bihar Power ...
2023 Latest Caselaw 5236 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5999 of 2023
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Prameela Devi, Wife of Mahesh Singh, Resident of Village-Onama, P.S.- Shekhopur Sarai, District-Sheikhpura.

... ... Petitioner/s Versus

1. The South Bihar Power Distribution Company Limited, through its Managing Director, S.B.P.D.C.L., Vidyut Bhawan, Patna.

2. The South Bihar Power Distribution Company Limited, through its Managing Director, S.B.P.D.C.L., Vidyut Bhawan, Patna.

3. The Electrical Executive Engineer, Electric Supply Division-Sheikhpura, Bihar

4. The Assistant Electrical Engineer, Electric Supply, Sub Division, Barbigha, P.S.-Sheikhopur Sarai, District-Sheikhpura, Bihar.

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

     For the Petitioner/s   :     Mr.Richa, Adv.
     For the Respondent/s   :     Mr.Vinay Kirti Singh, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT Date : 10-10-2023

Heard the learned counsels for the parties.

2. This writ petition has been filed for seeking the

following relief(s):

"A. For quashing the letter No. 424 dated

whereby and where under respondent No. 2 issued an assessment order to petitioner for Rs. 1,47,173 (Rs. One lakh, forty seven thousand, one hundred & seventy three rupees only) on the alleged allegation that petitioner has damaged the Revenue of the respondents for the amount as stated for using electricity through bypass.

Patna High Court CWJC No.5999 of 2023 dt.10-10-2023

B. For issuance of any other writ/writs, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."

3. Learned counsel appearing on behalf of the

petitioner states that only on the complaint made by the

petitioner, the authority concerned have visited the subject

premises of the petitioner and the seizure report was prepared.

Learned counsel has stated that no independent witnesses were

available as on that date and only the department persons were

present at the time of preparing the seizure report. Learned

counsel further has stated that though the petitioner has filed her

objections on 30.10.202 to the provisional assessment order

dated 25.10.20211 itself, the authority concerned till date has

not passed the final assessment order which is contrary to the

provisions of Section 126(3) of the Electricity Act. Section

126(3) of the Act mandates that the final assessment order

should be passed within a period of thirty days. Learned counsel

has stated that the authority concerned have not found any

tampering in the meter and change from transformer was made

in the presence of the representatives of the Electricity

Department. Therefore, prays this Hon'ble Court to allow the

present writ petition and direct the authority concerned to Patna High Court CWJC No.5999 of 2023 dt.10-10-2023

restore the power supply to the petitioner's unit.

4. Per contra, the learned counsel appearing on

behalf of the respondents has vehemently opposed the very

maintainability of the present writ petition and stated that

the petitioner has an alternative and efficacious remedy of

approaching CGRF or paying the entire amounts due as per

the provisional assessment order and therefore, prays this

Hon'ble Court to dismiss the present writ petition.

5. Admittedly in the present case, the provisional

assessment order was passed on 25.10.2011 and the

petitioner has also submitted the explanation/objections on

30.10.2021. Section 126(3) of the Electricity Act mandates that

the authority concerned has to pass the final assessment order

within a period of thirty days from the date of receipt of the

objections. However, in this case even though two years have

elapsed, the authority concerned have not passed the final

assessment order.

6. Having regard to the above without going into

merits or demerits of the case, this Court is of the prima facie

opinion that, the ends of justice would be met, if the authority

concerned is directed to pass final assessment order duly taking

into consideration the objections filed by the petitioner. In case Patna High Court CWJC No.5999 of 2023 dt.10-10-2023

the petitioner wants to file any fresh evidence or fresh objection

petition, the same shall be permitted and taken on record and

necessary orders shall be passed.

7. It is needless to mention that before passing any

order the petitioner shall be put on notice and given an

opportunity of hearing. The entire exercise shall be completed

as expeditiously as possibly preferably within a period of two

weeks from the date of receipt of the copy of this order. In case

the final assessment orders are not passed within the stipulated

period, the authority concerned shall be obligated to restore the

power supply to the petitioner however the same shall be subject

to the final assessment order. Any order passed shall be

communicated to the party.

8. Accordingly, the present writ petition stands

disposed of.

(A. Abhishek Reddy , J) Bhardwaj/-

AFR/NAFR
CAV DATE
Uploading Date          13.10.2023
Transmission Date