High Court Patna High Court - Orders

Anju Bala Sinha vs The Bihar State Electricity Bo on 15 March, 2011

Patna High Court – Orders
Anju Bala Sinha vs The Bihar State Electricity Bo on 15 March, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CWJC No.698 of 2010
          1. ANJU BALA SINHA W/O SR ASHOK KUMAR SINHA R/O SRI
          KRISHNA BIHAR COLONY, BEUR, P.S.BEUR,DISTT/TOWN-PATNA
                               Versus
          1. THE BIHAR STATE ELECTRICITY BOARD THROUGH ITS
          CHAIRMAN VIDHYUT BHAWAN, BAILEY ROAD, PATNA-01
          2. THE ASSISTANT ELECTRICAL ENGINEER, ELECTRIC SUPPLY
          SUB DIVISION PESU (WEST), KHAGAUL, DISTT-PATNA
                             -----------

02. 15.03.2011 Heard learned counsel for the petitioner and

learned counsel for the Board.

The petitioner is aggrieved by the final

assessment order dated 16.12.2009 fixing liability for a

sum of Rs. 43,390/- in exercise of powers under Section

126 of the Electricity Act 2003 with regard to unauthorized

allegedly illegal use of electricity.

Learned counsel for the petitioner does not deny

that he filed objections to the provisional assessment,

whereafter final orders have been passed considering the

objection. He however submits that the amount of theft

allegedly quantified is contrary to the law and there is no

allegation of excess load etc.

Learned counsel for the Board submits that a

First Information Report has been lodged against the

petitioner alleging wrongful loss to the Board

approximately of Rs. 44,000/-. The petitioner has the

remedy of Appeal against the final assessment.

Learned counsel for the petitioner submits that

he has been granted installment for payment and that he

has paid 9 installments already. Though, there is no such

statement on record.

2

If the petitioner prefers an Appeal against the

final assessment before the appropriate authority and

satisfies it that he has already paid 50% of the dues, the

Court expects that appropriate authority shall consider his

Appeal without insisting upon the statutory deposit for

50% of the amount as a pre-condition.

The Court expects that the Appeal shall be

disposed off expeditiously without unnecessary delay

provided the petitioner himself co-operates.

The application stands disposed.

P.K                                   (Navin Sinha, J.)