IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.14106 of 2010
1. AJAY KUMAR SINGH S/O SRI VIJAY KUMAR SINGH R/O
MOHALLA- SHIV DURGALY LEN, MAHENDRU, P.S.- SULTANGANJ,
DISTT.- PATNA
Versus
1. THE BIHAR STATE ELECTRICITY BOARD THROUGH CHAIRMAN
BIDHUT BHAWAN, BAILEY ROAD, PATNA
2. THE CHAIRMAN BIHAR STATE ELECTRICITY BOARD, BIDHUT
BHAWAN, BAILEY ROAD, PATNA
3. THE ENGINEER-IN-CHIEF BIHAR STATE ELECTRICITY BOARD,
BIDHUT BHAWAN, BAILEY ROAD, PATNA
4. THE SUPERINTENDING ENGINEER BIHAR STATE ELECTRICITY
BOARD, BIDHUT BHAWAN, BAILEY ROAD, PATNA
5. THE ASSISTANT ENGINEER BIHAR STATE ELECTRICITY
BOARD, BIDHUT BHAWAN, BAILEY ROAD, PATNA
6. THE ASSISTANT ELECTRICAL ENGINEER ELECTRICITY
SUPPLY, GAIGHAT, PATNA
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For the Petitioner:- Mr. Sanjeev Kumar Mishra, Adv.
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2. 28.04.2011 Heard learned counsel for the petitioner.
No one appears on behalf of the respondent Board.
The premises of the petitioner are alleged
to have been raided on 9.7.2008 and a First
Information Report lodged for alleged use of
electricity in a manner contrary to law. He came to
this Court in C.W.J.C. No. 15016 of 2008. On
27.11.2008, the Court noticed the claim against him
was of Rs. 8,40,000/- permitted him to deposit
2,00,000/- with a direction to reconnect the supply
on payment of the first installment of the aforesaid
amount. Supply has been restored.
The petitioner is stated to have filed his
objection to this provisional assessment which is
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required to be finally adjudicated by the
respondents. It is submitted that in the provisional
assessment the amount has reduced from Rs.
8,40,000/- but final assessment orders are yet to be
passed. Without a final assessment the petitioner is
being threatened with disconnection for the non
payment of the arrears when he claims that he is
paying his current dues regularly.
Once this Court directed restoration of the
electric connection on certain condition and
thereafter final assessment has not been completed,
a statutory obligation of the respondent Board, the
petitioner cannot be panelized merely because the
amount of provisional assessment may have got
reduced to Rs. 4,08,600/-. The petitioner is stated
to have filed an objection. If he wishes to
supplement the same, he is permitted to do so. Till
such time that the final assessment is not done by
the respondents, the question of liability to pay any
arrears does not arise. So long as the petitioner
continues to pay his current bills in time, the
respondents cannot disconnect the supply for non
payment of arrears unless and until the petitioner
refuses to deposit the arrears in the manner
prescribed after orders of final assessment are made.
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The question of interest on the arrears shall
necessarily have to take into consideration the delay
in part of the respondents in making final
assessment.
The writ application stands disposed in the
aforesaid terms.
P. Kumar ( Navin Sinha, J.)
