HIGH COURT OF PATNA
Manoj Kumar Choudhary – Appellant
Versus
Bihar State Electricity Board and Ors – Respondent
CWJC 23004/2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23004 of 2012
======================================================
Manoj Kumar Choudhary S/O Rameshwar Choudhary Resident of New
Mahuli Dharupur, Opposite Railway Station- Bikramganj, P.O And Police
Station- Bikramganj, District- Rohtas.
.... .... Petitioner
Versus
1. Bihar State Electricity Board, through its Chairman.
2. Electrical Superintending Engineer, Electrical Circle, Sasaram.
3. Executive Engineer, Electrical Supply Division, Sasaram.
4. Assistant Engineer Electric Supply Sub- Division, Bikramganj, (Rohtas)
.... .... Respondents
======================================================
======================================================
CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
ORAL ORDER
4
18-12-2012
Heard learned counsel for the petitioner and the Bihar
State Electricity Board (hereinafter referred to as the “Board”).
2. By filing this writ petition petitioner asserts that
the authorities of the Electric Supply Division, Sasaram-
Bikramganj have raised electricity bill for providing energy to the
house of the petitioner from the month of August, 2011 and have
issued energy bills until month of September, 2012 but they have
not provided electric connection even though deposits in the light
of the estimate dated 16.3.2011, Annexure-2 was made by the
petitioner as would be evident from receipt dated 2.4.2011,
7.4.2011. In this connection petitioner also sought information
under Right to Information Act in response whereto information
contained in Annexure-5 series dated 19.11.2011, 22.3.2012 was
Patna High Court CWJC No.23004 of 2012 (4) dt.18-12-2012
2
given to the petitioner that after deposit of the estimated amount
for granting him domestic connection petitioner himself through
private lineman took domestic connection through L.T. line
passing through his house and as petitioner had taken connection
on his own he is being billed from the month of August, 2011.
3. Aforesaid assertion of the Board is being disputed
by the petitioner in the light of the certificate granted by Kanchan
Devi, the local Ward Commissioner dated 12.11.2012 as would
appear from perusal of Annexure-7 which is the representation
addressed to the local Ward Commissioner.
4. Counsel for the Board in opposition submitted that
the stand of the Board is very clear in the matter as would appear
from the information provided to the petitioner under letter dated
19.11.2011, 22.3.2012 by the authorities of the Board that
petitioner has been provided domestic connection through private
lineman engaged by him only after he made deposit as per the
estimate.
5. Petitioner, however, disputes such assertion of the
Board and has filed representation dated 14.8.2012 and reminder
dated 6.11.2012, Annexure-6 series questioning the stand taken by
the authorities of the Board in the information supplied under
Right to Information Act to the petitioner and desires that the
Patna High Court CWJC No.23004 of 2012 (4) dt.18-12-2012
3
competent authority should examine the material supplied under
Right to Information Act objectively while considering his
representation dated 14.8.2012 and reminder dated 6.11.2012,
Annexure-6 series.
6. Having heard counsel for the parties, I direct
Executive Engineer, Electric Supply Division, Sasaram to consider
the representation of the petitioner dated 14.8.2012 and reminder
dated 6.11.2012, Annexure-6 series objectively and pass a
reasoned order in the matter, having passed the reasoned order he
shall also furnish evidence if any available to indicate that electric
connection was granted to the petitioner through private lineman
pursuant to deposits made by him vide Annexure-3 series on the
basis of which the impugned bills have been raised.
7. The writ application is, accordingly, disposed