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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

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