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
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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.)