Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHUTOSH KUMAR, PARTHA SARTHY
Krishna Kumar Sinha S/o Shyam Bihari Lal – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. representation of parties in court. (Para 1 , 2) |
| 2. circumstances leading to disconnection and re-connection policy. (Para 3 , 4) |
| 3. arguments regarding the fairness of re-connection charges. (Para 5 , 6) |
| 4. court's reasoning on validity of re-connection charges. (Para 7 , 8 , 9) |
| 5. decision on petition dismissal. (Para 10 , 11) |
JUDGMENT :
ASHUTOSH KUMAR, ACJ.
1. Heard Mr. Subodh Prasad, the learned Advocate for the petitioner and Mr. Anand Kumar Ojha, the learned Senior Advocate for the Electricity Department. The State has been represented by Mr. Akhileshwar Singh, the learned AC to GA-2.
2. The petitioner had initially come before this Court with the main prayer of exempting him from making payment of demand charges/fixed charges and minimum charges as also re-connection charges for renewing his disconnected electric connection. Later, during the course of argument, he chose to challenge the validity of Section 7.14(4) of the BIHAR ELECTRICITY SUPPLY CODE of 2007.
3. It appears that the petitioner ran an aluminium factory and defaulted in paying the electricity charges for several months. The electric connection was disconnected for approximately two years. On the assu
The validity of reconnection charges under the Bihar Electricity Supply Code does not require prior consumer consultation and is not arbitrary if the service line remains intact.
The electricity company is entitled to deny a new connection until all related dues are cleared, in accordance with regulatory provisions.
Electricity Boards must adhere to reconnection regulations without questioning property ownership, ensuring consumer rights are upheld as per the established statutory framework.
New owners of properties are liable to pay fixed electricity charges of prior tenants, while charges deemed unlawful cannot be enforced against them.
(1) Duty to supply electricity under Section 43 of 2003 Act is not absolute and is subject to such charges and compliances stipulated by Electric Utilities as part of application for supply of electr....
Regulation mandating deposit of previous consumer's electricity dues for new connections is lawful, ensuring protection of distribution licensee's interests.
The Electricity Board must adhere to statutory notice requirements before disconnection and cannot recover charges post-disconnection without such compliance.
Supplementary bills can be raised for mistakes, but disconnection for non-payment after two years is prohibited under Section 56(2) of the Electricity Act, 2003.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
