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IN THE HIGH COURT OF JUDICATURE AT PATNA
V.N. SINHA and PRABHAT KUMAR JHA, JJ.
(8.8.2014)
CWJC No. 8152 of 2013
Narendra Mishra : Petitioners
Vs.
The State of Bihar & Ors. : Respondents
After some argument learned counsel for the H.D.F.C. Bank Ltd. has chosen to withdraw I.A. No. 5769 of 2014, which is dismissed as withdrawn.
2. In the light of our order dated 07.08.2014 counsel for the Bihar State Power Holding Company and the South Bihar Power Distribution Company Ltd. has taken instruction and states that the electric connection was given to the occupier of the two buildings referred to in our order dated 07.08.2014 without examining whether the buildings have been raised legally or illegally, as to determine such fact is not within the jurisdiction of the Bihar State Power Holding Company. He further states that having given non-domestic connection to the two occupiers of the buildings, it may not be in financial interest of the Bihar State Power Holding Company and the South Bihar Power Distribution Company Ltd. to snap the connection.
3. Bihar State Power Holding Company and the South Bihar Power Distribution Company Ltd. have been established by the State Government in public interest. Orders dated 19.07.2014, 01.08.2014 passed by the Municipal Commissioner resuming the buildings in question by the lessor is also in public interest. In the circumstances, it is the duty of the Bihar State Power Holding Company and the South Bihar Power Distribution Company Ltd. to act in aid of the Patna Municipal Corporation for ensuring larger public interest. Accordingly, we direct the Bihar State Power Holding Company and the South Bihar Power Distribution Company Ltd. to snap the electric connection from the two buildings as under orders dated 19.07.2014, 01.08.2014, the Municipal Commissioner has not only held that the two buildings have been raised contrary to the lease document and the bye-laws but has also resumed the lease-hold property with request to the Bihar State Power Holding Company and the South Bihar Power Distribution Company Ltd. to snap the electric connection. The connection should be snapped today itself. This order has been passed in presence of Sri Vinay Kirti Singh, learned counsel for the Bihar State Power Holding Company, who shall ensure compliance of the order today itself.
4. Put up on 14.08.2014 under the same heading maintaining its position.
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