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2012 Supreme(Pat) 858

AJAY KUMAR TRIPATHI
B. N. Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Mukul Sinha.
For the BSEB: Mr. Vijay Kirti Singh.
For the Respondents: Mr. Dhirdyuti Kumar Verma.

ORAL ORDER

Petitioner is a Doctor (General Physician) by profession. He superannuated from the post of Director, T.B. Demonstration & Training Centre, Darbhanga on 31.08.1993. Post retirement, he settled down at his home place, which is supposed to be in Mohalla – Kashipur in the town of Samastipur. Petitioner has a dwelling house, consisting of three floors, which he uses for his personal occupation and use. One floor, however, has been rented out to a tenant and two rooms of the ground floor is used by the petitioner as a “Consultation Chamber”, whenever a person in distress or otherwise is willing to consult him, relating to a medical problem.

2. Petitioner had an electricity connection, provided under the domestic service category. Bills were raised and paid by him regularly without any dispute of any kind between the parties. The problem arose when an inspection was carried out by the Electrical Executive Engineer on 12.12.2002 and a report for the said inspection generated in terms of Annexure- 6. The inspection report indicates that the consumer had 3 fans, consuming 60 watts each, adding up to 180 watts; 4 tubes, each of 40 watts, adding up to 160 watts; 3 numbers of bulbs,

















































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