IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13485 of 2009 M/S SHANKAR MOTORS PVT.LTD. Versus BIHAR STATE ELECTRICITY BOARD & OTHERS ----------- 02. 13.10.2009 On an inspection having been carried out in the premises of the petitioner certain discrepancy in the sanctioned load and the actual load was found and the assessing authority thereafter raised a demand of the provisional kind, which also became subject matter of challenge in Appeal No.2 of 2009. The said appeal has not been decided till date. Counsel for the petitioner submits that petitioner made a prayer upon the Assistant Electrical Engineer, Electric Supply Division, Patliputra PESU (W) Patna that he should issue a bill prior to the inspection date so that he can deposit the same and save himself from unnecessary levy of delayed payment surcharge. He submits that the prayer is without prejudice to the final outcome of the appeal which has not been decided since April 2009. Respondents are not responding on the issue on the ground that the matter is pending adjudication. Learned counsel representing the State Electricity Board informs the court that by a recent notification the appellate authority has been changed and the power has been vested in another authority. That being so the appeal will have to be decided by the new authority and it is likely that the appeal is being delayed or has not been decided due to above. If this is the recent position, then the Court is convinced that - 2 - decision of the appeal will take more time before the new appellate authority familiarizes himself with the matter and the number of cases pending before the erstwhile authority. Be that as it may as of now , the writ application is being disposed of with a direction upon Electrical Executive Engineer to facilitate the payment of bill prior to the inspection date by the petitioner so that he can save himself from delayed payment surcharge. So far the disputed bill is concerned, it will be governed by the outcome of the decision which may be rendered by the appellate authority. The writ application is disposed of with the above direction. rkp (Ajay Kumar Tripathi, J)