IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.14655 of 2008
SMT.USHA JAISWAL, WIFE OF SHRI VIRENDRA PRASAD
CHOUDHARY, RESIDENT OF KURMI TOLA, NEAR MASZID,
P.S. TOWN, DISTRICT MUZAFFARPUR.
Versus
1. THE BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN,
BAILEY ROAD, PATNA THROUGH ITS CHAIRMAN
OFFICIATING AT VIDYUT BHAWAN, BAILEY ROAD, PATNA.
2. THE GENERAL MANAGER-CUM-CHIEF ENGINEER, TIRHUT
AREA ELECTRIC SUPPLY, MUZAFFARPUR.
3. THE ELECTRICAL SUPERINTENDING ENGINEER,
MUZAFFARPUR.
4. THE ELECTRICAL EXECUTIVE ENGINEER, SPECIAL TASK
FORCE, BIHAR STATE ELECTRICITY BOARD, VIDYUT
BHAWAN, BAILEY ROAD, PATNA.
5. THE ELECTRICAL EXECUTIVE ENGINEER, ELECTRIC SUPPLY
DIVISIOIN, MUZAFFARPUR.
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04. 08.12.2010 Heard learned counsel for the petitioner and the counsel for
the Bihar State Electricity Board(hereinafter referred to as the Board).
2. Petitioner is aggrieved by the punitive bill dated 8.9.2008,
Annexure-5, whereunder demand of Rs.15,88,484/- has been served
on her. Against the punitive bill petitioner has remedy before the
Assessing Officer under Section-126 of the Electricity Act,
2003(hereinafter referred to as the Act). It appears without availing the
said remedy before the Assessing Officer, petitioner has approached
this Court and under orders dated 30.9.2008 passed in the instant writ
case the connection has been restored on payment of 20% amount of
the punitive bill.
2. By filing counter affidavit, counsel for the Board
submitted that in view of the power theft committed by the petitioner
she is not entitled for any interim relief, until the matter is considered
by the Assessing Officer. Reference in this connection, has been made
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to the inspection report dated 23.7.2008, Annexure-A to the counter
affidavit.
3. Counsel for the petitioner in rejoinder, however
submitted that the authorities of the Board acted with malice as having
given meter less connection to the petitioner, they ought not to have
lodged the First Information Report on the basis of the inspection
report and raised the punitive bill.
4. Having heard counsel for the parties, I direct the
petitioner to avail the remedy before the Assessing Officer under
Section-126 of the Act. The Assessing Officer shall serve on the
petitioner the provisional assessment order within three days of the
receipt of this order, whereafter petitioner should deposit 50% amount
of the provisional assessment order and file his objection, which
should be considered and the matter be finally disposed of by the
Assessing Officer within the time provided in the statute. During the
pendency of the matter before the Assessing Officer the electric
connection of the petitioner shall remained restored, provided she
deposited 50% of the provisionally assessed amount. The amount
already paid in terms of the interim order of the High Court shall be
adjusted towards the deposit of the 50% amount of the provisional
bill.
5. The writ application is, accordingly, disposed of.
(V.N. Sinha, J.)
Rajesh/