IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6229 of 2009
M/S REENA INDUSTRIAL TRAINING CENTRE
Versus
THE BIHAR STATE ELECTRICITY BOARD & ORS .
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3. 13.12.2010 Heard learned counsel for the petitioner and the
Bihar State Electricity Board.
The petitioner is aggrieved by the order dated
20.4.2009 and the bill dated 5.5.2009 for a sum of Rs.
3,09,966.75/- issued in pursuance of the same. The
actions are purportedly based on an inspection of the
premises carried out on 19.11.2008 when against a
sanctioned 21 KW connected load of 44 KW is alleged to
have been found.
Learned counsel for the petitioner submits that
the procedure to be followed in such a case is provided for
under Section 126 of the Electricity Act, 2003. No notice
in terms of the same along with an opportunity to file
objections against a provisional assessment whereafter
final assessment is to be made has been followed. The
additional ground is raised that the petitioner as Industrial
Training Institute is liable to be assessed as non-
commercial category consumer placing reliance on a State
Government circular dated 16.1.2006.
Counsel for the State from the counter affidavit
submits that during the pendency of the writ application
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proceedings under Section 126 of the Electricity Act, 2003
have been initiated and notice has been issued to the
petitioner on 9.12.2010 along with a provisional
assessment. He next opposed the claim of the petitioner to
be covered as a non-commercial category consumer.
If the matter is engaging the attention of the
assessment authority, there is no occasion for this Court to
pre-judge the matter on any issue. The matter of
assessment shall naturally take within its ambit the
categorization of assessment. Therefore, the petitioner has
an adequate remedy on both counts.
Let the assessment proceeding be completed and
disposed within the statutory time limit provided for in the
Act.
In view of the fact that the respondents have
resorted to proceeding under Section 126 o the Electricity
Act, 2003, during the pendency of the writ petition on
9.12.2010, the impugned orders dated 20.4.2009 and
5.5.2009 as per the respondents themselves become
unsustainable. They are accordingly set aside.
Needless to state that pending disposal of the
proceeding under Section 126 of the Electricity Act, 2003,
the petitioner shall continue to pay as per the provisional
assessment and the categorization under which he made
the application for an electric connection. Any payment
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made by the petitioner during the pendency of the
assessment proceeding naturally has to be adjusted in the
final assessment, circumstances so warranting.
The writ application stands allowed and disposed
with the aforesaid direction.
P. Kumar ( Navin Sinha, J.)