IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.380 of 2009 IN (CIVIL WRIT JURISDICTION CASE 16687/2008) ------------------------------------------------------------------------------ 01. THE BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN, VIDYUT BHAWAN, BAILEY ROAD, PATNA 02. THE ELECTRICAL SUPERINTENDING ENGINEER, PATNA ELECTRICAL CIRCLE, PATNA 03. THE ELECTRICAL EXECUTIVE ENGINEER, SUPPLY DIVISION, FATUHA 04. THE ASSTT. ELECTRICAL ENGINEER, ELECTRIC SUPPLY SUB-DIVISION, DIDARGANJ, PATNA .... .... (RESPODNENTS)/APPELLANTS Versus M/S NEEL KAMAL STEELS PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE SITUATED AT SABALPUR, P.S.-DIDARGANJ, TOWN+ DISTRICT- PATNA THOUGH TIS OWN DIRECTOR BINAY KUMAR SINGH, SON OF LATE RAM KRIPAL SINGH, RESIDENT OF VILLAGE- SABALPUR, P.S.- DIDARGANJ, DISTRICT- PATNA .... .... (PETITIONER)/RESPODNENT ------------------------------------------------------------------------------ Appearance : For the B.S.E.B : Mr. VINAY KIRTI SINGH, Advocate For the Respondent/s : Mr. S.D. Sanjay, Mr. Gautam Kejriwal & Mr. Gopal Pd. Gupta, Advocates ----------------------------------------------------------------------------- CORAM: HONOURABLE JUSTICE SMT. T. MEENA KUMARI and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE Mr. JUSTICE AHSANUDDIN AMANULLAH) Heard Mr. Vinay Kirti Singh learned counsel appearing for the appellant Bihar State Electricity 2 Board and Mr. S.D. Sanjay, learned counsel appearing for the private respondent (writ petitioner). The present Letters Patent Appeal has been filed against the order dated 20.1.2009 passed in C.W.J.C. No. 16687 of 2008 (M/S Neel Kamal Steels Pvt. Ltd Versus The Bihar State Electricity Board & Ors). The writ petition had been filed against the raising of a provisional bill which was punitive in nature dated 31.10.2008 by which a sum of Rs. 1,36,44,482/- had been raised against the petitioner company on the ground that it had indulged in theft of power. It is pertinent to mention here that the basis for holding the same was that even though the Meter had been burnt due to fire still the case of the Electricity Board was that the same was as a result of pilferage of power by the petitioner company. The learned Single Judge after hearing the parties in detail passed order that if 25% of the said bill was paid by the petitioner company then the connection would be restored. Further it was clarified that in view of a criminal case having been lodged, the liability would be determined finally as per the decision in the said criminal case. The appellants have preferred this Letters Patent Appeal being aggrieved by the quantum of money which the learned Single Judge had fixed for 3 being paid by the writ petitioner submitting that the same was not in accordance with the Electricity Act as well as various pronouncements of the Courts including the Hon’ble Apex Court. He submitted that at least 50% of the amount ought to have been directed to be deposited. Learned counsel appearing for the private respondent has drawn the attention of this court to an order dated 20.2.2009 passed in C.W.J.C. No. 17629 of 2008 (Birendra Kumar Singh Versus Bihar State Electricity Board & Others) in which under similar circumstances this Court had directed for payment of an amount of Rs. 2,00,000/- out of the bill amount of almost Rs. 15,00,000/- and further it was directed to restore the power of the said writ petitioner. This order of the learned Single Judge was challenged by the Bihar State Electricity Board in L.P.A. No. 436 of 2008 which came to dismissed by order dated 25.7.2009. In view of the aforesaid facts as well as taking into consideration the order passed in a similar case which was affirmed by the L.P.A. Bench, we are not inclined to interfere in the order under appeal and are persuaded to take a view similar to the one taken by this Court in the other case. For the reasons aforesaid, this appeal fails 4 and is accordingly dismissed. Patna High Court, Dated 13.07.2011 P.K./N.A.F.R. ( T.Meena Kumari, J.) (Ahsanuddin Amanullah, J.)