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Jharkhand High Court
Phulwanti Devi vs Jharkhand State Electricity Bo on 29 January, 2010
           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                W. P. (C) No. 4247 of 2009
                            ---
           Phulwanti Devi                   ...   ...                     Petitioner
                                      Versus
           The Jharkhand State Electricity Board,
           Ranchi & others                                ...   ...     Respondents
                                ---
           CORAM        : HONBLE MR. JUSTICE R. K. MERATHIA
                              ---
           For the Petitioner     : Mr. Dhananjay Kr. Pathak, Advocate
           For the Respondents    : Mr. Mukesh Kumar, Advocate
                              ---

2. 29.01.2010

: Counsel for the petitioner submitted that only from the counter
affidavit, the petitioner learnt about the order passed in the
proceeding under Section 126 of the Electricity Act 2003; and that
petitioner has not been given opportunity before passing the said
order.

Mr. Mukesh Kumar, learned counsel appearing for the
Jharkhand State Electricity Board denied and disputed the said
submission, and submitted that petitioner was given full opportunity;
and that she had knowledge of the order, but even then she did not
file appeal.

On this, Mr. Pathak, appearing for the petitioner submitted that
petitioner will file appeal before the Chief Electrical Inspector under
Section 127 of the Electricity Act 2003 within two weeks along with
the petition of condonation of delay, but till the appeal is disposed of,
the line may be restored on payment of 50% of the bills.

Accordingly,if an appeal is filed within two weeks along with the
petition for condoning the delay. The delay will be condoned and the
appeal will be heard on merits. Till final disposal of the appeal, the
line of the petitioner will be restored on payment of a lump sum
amount of Rs. 1,50,000/- before the Jharkhand State Electricity
Board. The petitioner will go on paying the current bills. The parties
will cooperate in the early disposal of the appeal and the same will be
disposed of expeditiously.

It is made clear that this court has not gone into the merits of
the respective cases of the parties.

-2-

With these observations and directions, this writ petition is
disposed of.

(R. K. Merathia, J.)

R. Shekhar Cp 2-


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