IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3602 of 2009 M/S MAURYA MOTORS LTD.PATNA RATUHA ROAD, NEAR DEEDARGANJ RAILWAY CROSSING PATNA 800008 THROUGH ITS DIRECTOR MOHAN HIMATSINGHKA SON OF LATE RAM JIWAN HIMATSINGHKA 401, JAYSRI COMPLEX, NAGESHWAR COLONY, P.S. BUDHA COLONY, DISTRICT PATNA. Versus 1. BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN BIHAR STATE ELECTRICITY BOAD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 2. EXECUTIVE ENGINEER ( PESU), BIHAR STATE ELECTRICITY BOARD, MANGLES ROAD, PATNA. 3. ELECTRICAL EXECUTIVE ENGINEER, ELECTRIC SUPPLY DIVISION, FATUHA, PATNA. ----------- 3/ 14-10-2009 Heard learned counsel for the petitioner and learned counsel for the Bihar State Electricity Board. I.A. No.6241 of 2009 is for restoration of electric connection of the petitioner, which was disconnected on 25.09.2009 (wrongly typed in the petition as 25.09.2006) . Submission of the counsel for the petitioner is that on the basis of inspection carried on by so called special Task Force the punitive bill has been raised. Against the punitive bill an objection has been filed on 23.02.2009 by the petitioner stating that in terms of the provision as required under section 126 of the Electricity Act, 2003 without any provisional assessment having been made or any order having been passed disconnection has been effected. Learned counsel representing the respondents is at lost to explain the present situation on the material available on record. Be that as it may, let the electric connection of the petitioner be restored forthwith within the next 48 hours. This - 2 - restoration of power is without prejudice. The respondents shall pass order as required under the provision of section 126 of the Electricity Act. The writ application is disposed of with a direction that the Assessing Authority will hear the petitioner and decide the issue in accordance with law. The outcome of the decision will govern the future connection of the electricity which will in any way subject to his statutory right which challenge the same if so advised. It is also recorded that the petitioner will be liable to pay current assumption and the bills which are outstanding against him, except the punitive bill which has been raised as this stage. ( Ajay Kumar Tripathi, J ) BTiwary/