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2009 Supreme(Pat) 1512

NAVANITI PRASAD SINGH
Kamaljeet Singh S/o Sri Harbans Singh – Appellant
Versus
Bihar State Electricity Board Through Its Chairman – Respondent


JUDGEMENT

1. It is not in dispute that petitioner has a non domestic commercial electric supply from Patna Electric Supply Unit (PESU), the unit of Bihar State Electricity Board (B.S.E.B.). On 18.4.2009 petitioner in writing informed the authorities of PESU that there was some fire at the metering point, it should be looked into immediately. On this information officials of the PESU including the Assistant Engineer, who is one of the authorities specified to make assessments in case of unauthorized use of electricity and theft of electricity visited petitioners premises on 18.4.2009 itself. They found that the two polycarbonate seals of the meter were broken and the hologram of the seal also appeared to be tampered. On basis of this alone, the meter was removed and with these allegations an F.I.R. was lodged claiming that petitioner was indulging in theft of electricity and had caused a loss of Rs. 8,99,000/- to the Board. A provisional assessment for the said amount was served on the petitioner. Petitioner challenged the same before this Court. This Court directed the petitioner that on depositing of Rs. 2 lacs for restoration of line, to file his detailed objections before the Ass






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