Chandra Kishor Parashar @ Acharya ... vs The State Of Bihar
2023 Latest Caselaw 4948 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Civil Writ Jurisdiction Case No.11038 of 2023
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Chandra Kishor Parashar @ Acharya Chandra Kishore Parashar Son of Late Ram Bahadur Parashar, Resident of Senapati Bhawan, Parashar Colony, New Area, Sikandarpur, Ward No.4 P.S. Muzaffarpur Town, District - Muzaffarpur, presently the Chairman of Bihar Civil Society, Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Energy Department, Government of Bihar, Patna.

3. The Chairman-cum- Managing Director, Bihar State Power Holding Company Ltd., Patna.

4. The Managing Director, North Bihar Power Distribution Company Limited, Patna.

5. The Deputy General Manager-cum-Electrical Superintending Engineer, North Bihar Power Distribution Company Limited, Tirhut Electric Supply Area, Muzaffarpur.

6. The Electrical Superintending Engineer, North Bihar Power Distribution Company Limited, Electric Supply Circle, Muzaffarpur.

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

For the Petitioner/s : Mr.Vijay Kumar Singh, Advocate For NBPDCL : Mr.Kunal Tiwary, Advocate For the Respondent/s : Mr.P.K. Shahi (AG) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT Patna High Court CWJC No.11038 of 2023 dt.26-09-2023

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 26-09-2023

1. The writ petition is filed in the nature of a Public

Interest Litigation to restrain the respondents from installing

Pre-paid Smart Meter in the premises of the consumers; which

is installed after removal of the Post Paid Meters. It is contended

that the consumers are facing problems due to several defects in

the Pre-Paid Smart Meters and there are instances of excess

billing and automatic disconnection which puts the consumers

into great difficulty.

2. The petitioner relies on a number of newspaper

reports and a representation filed. The petitioner does not have a

case that the Pre-Paid Meter, if at all installed in his premises,

suffers from any defect. The petitioner has also not pointed any

specific instance of such a defect, raised by any consumer,

which again would have to be agitated by that consumer before

the appropriate forum.

3. When a new system is introduced, often teething

problems arise in the initial stage which have to be sorted out by

positive interference by the authorities. Such interference can be

made only in individual cases and there cannot be a Public

Interest Litigation filed to stall the implementation of a new Patna High Court CWJC No.11038 of 2023 dt.26-09-2023

procedure.

4. We find absolutely no reason to entertain the writ

petition and dismiss the same.

(K. Vinod Chandran, CJ)

( Partha Sarthy, J) Anushka/-

AFR/NAFR
CAV DATE
Uploading Date          30.09.2023
Transmission Date