Bholi Devi vs The North Bihar Power Distribution ...
2025 Latest Caselaw 2986 Patna

Patna High Court

Bholi Devi vs The North Bihar Power Distribution ... on 2 April, 2025

Author: Partha Sarthy

Bench: Partha Sarthy

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Letters Patent Appeal No.1160 of 2024
                                          In
                   Civil Writ Jurisdiction Case No.6968 of 2024
     ======================================================
     Bholi Devi, Wife of Suresh Choudhary, Resident of Simri Bakhtiyarpur,
     Kanutola, Ward No.- 10, P.S.- Simri Bakhtiyarpur, District- Saharsa, Bihar.

                                                                ... ... Appellant/s
                                     Versus
1.   The North Bihar Power Distribution Company Limited through its
     Managing Director, Patna Bihar.
2.   The Managing Director, North Bihar Power Distribution Company Limited,
     Vidhut Bhawan, Patna, Bihar.
3.   The Assistant Electricity Engineer, Electricity Supply Sub Division, Simari
     Bakhtiyarpur/Sonvarsha Raj, District- Saharsa.
4.   The Junior Electricity Engineer, Electricity Supply Sub-Branch, Simari
     Bakhtiyarpur, Saharsa.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :     Mr.Prince Kumar Mishra, Advocate
                                  Mr. Vikas Kumar Jha, Advocate
     For the Respondent/s   :     Mr.Vinay Kirti Singh, Sr. Advocate
     For the BSPHCL         :     Mr. Kumar Priya Ranjan, Addl. S.C.
                                  Mr. Sudarshan Bharadwaj, Advocate
                                  Mr. Sandeep Kumar, Advocate
     ======================================================
     CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 02-04-2025

The learned counsel for the appellant presses I.A.

No. 01 of 2025 seeking condonation of delay of 13 days in

preferring this appeal.

2. For the reasons stated in the Interlocutory

Application, the delay of 13 days in preferring this appeal is Patna High Court L.P.A No.1160 of 2024 dt.02-04-2025

condoned.

3. The Interlocutory Application No. 01 of 2025

stands allowed.

4. By the impugned order dated 30.09.2024 passed

in CWJC No. 6968 of 2024, a learned Single Judge of this

Court, on finding that the appellant had an alternative and

effective remedy of preferring an application under Section

42 (5) of the Electricity Act, 2003 before the Consumer

Grievance Redressal Forum (for short 'C.G.R.F.'), relegated

her to prefer such complaint before the authority referred to

above.

5. There is no reason for us to interfere with the

aforenoted judgment.

6. It would be open for the appellant to approach

the C.G.R.F. within a period of six weeks, to be counted

from today, which shall be entertained by the C.G.R.F. and

necessary orders in accordance with law shall be passed.

7. It would be open for the appellant to challenge

the aforesaid order before the appropriate forum, should she

deem it necessary to do so.

Patna High Court L.P.A No.1160 of 2024 dt.02-04-2025

8. The interim arrangement in the impugned

judgment shall continue till the time the complaint is

decided by the C.G.R.F.

9. The appeal stands disposed of with the

aforenoted observations/directions.

(Ashutosh Kumar, ACJ)

(Partha Sarthy, J) P.K.P./-

AFR/NAFR
CAV DATE
Uploading Date          03.04.2025
Transmission Date