Cwjc/916/2014 Of Smt. Meena Devi v. Bihar State Electricity Board

IN THE HIGH COURT OF JUDICATURE AT PATNACivil Writ Jurisdiction Case No.916 of 2014 ====================================================== 1. Smt. Meena Devi Wife of Sri Laxaman Sao Resident of Mohalla - Dariyapur, Post Office - Bankipur, Police Station - Kadamkuan, Town And District – Patna. .... .... Petitioner/s Versus 1. Bihar State Electricity Board Through The Chairman, Head Office - Near Income Tax Golambar, Bailey Road, Patna 2. South Bihar Power Distribution Company Ltd., Through Its M.D., Patna 3. Electric Executive Engineer, S.T.F., S.B.P.D.C. Ltd., Patna 4. Assistant Electric Engineer, Awar Pramandal, Machhua Toli, Patna 5. Electric Executive Engineer, Machhua Toli, Patna. .... .... Respondent/s ====================================================== Appearance :For the Petitioner/s : Mr. Deepak Kumar Sinha For the Respondent/s : Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDALORAL ORDER 2 25-02-2014 With the consent of the parties, the present writ petition is being disposed of at this state. Heard learned counsel for the petitioner and the counsel for the South Bihar Power Distribution Company Ltd. (for short “ the Company”) and its functionaries. The petitioner runs a Floor Mill (Aatta Chakki). The respondent Company found that the petitioner was utilizing electricity in unauthorized/illegal manner. An F.I.R. was lodged against the petitioner vide Kadamkuan P.S. Case No. 406 of 2013. By use of unauthorized electricity through a tampered meter, the petitioner is said to have caused loss to the respondent Company in the sum of Rs. 2,17,166/-. It appears the proceeding for assessing the loss is already under way. The petitioner has Pankaj/- approached this Court seeking a direction upon the respondent Company to restore the electric connection of the petitioner on deposit of certain percentage of the demand. It has been contended that while granting the privilege of bail, the Court has already directed for payment of the outstanding dues/demand in installments inasmuch as the petitioner has deposited/paid four installments total amounting to Rs. 57,912/-. It has also been submitted that upon final assessment of the loss in accordance with law, the petitioner would either file appeal thereagainst or pay off all the dues. Having heard the counsel for both the party, this Court is satisfied that the ends of justice shall be served by disposing of the writ petition by the following order:- Let the petitioner deposit 50 % of the quantification of loss as alleged in the F.I.R. being Rs.2,17,166/- which is also the provisional assessment of the loss sustained by the Company after adjusting the amount already paid in the light of the order of the Court granting the petitioner the privilege of bail. No sooner the said amount (50 % of the provisional assessed amount) is deposited, the respondent Company shall restore the electric connection of the petitioner within 72 hours therefrom. (Kishore Kumar Mandal, J)