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1971 Supreme(Pat) 61

P.K.BANERJEE, S.ANWAR AHMAD
Muzaffarpur Electric Supply Co. Ltd. – Appellant
Versus
State Of Bihar – Respondent


Judgment

ANWAR AHMAD, J.

1. The petitioner in this application under Articles 226 and 227 of the Constitution of India is a company incorporated under the Indian Companies Act, 1913, with its head office at 14, Old Court House Street, Calcutta, and local office at Dumri Road, Mazaffarpur. It is carrying on the business of generating, distributing, transmitting and supplying electrical energy to the different consumers of Mazaffarpur town. The Municipality of Mazaffarpur is one of the biggest consumers of electricity inasmuch as the petitioner supplies electrical energy to the street lamps and water-supply system, both under the control and supervision of Muzaffarpur Municipality, on payment of consumption charges to the petitioner every month.

2. The case of the petitioner is that the Municipality of Muzaffarpur is a habitual defaulter and the amount of dues against the Municipality have by this date swollen to more than four lacs. As the Special Officer of the Muzaffarpur Municipality, in spite of repeated reminders did not take care to pay off the dues, the petitioner served a notice on the Special Officer under Sec.24 of the Indian Electricity Act, 1910 on the 24th October, 1968,
















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