IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6229 of 2009 M/S REENA INDUSTRIAL TRAINING CENTRE Versus THE BIHAR STATE ELECTRICITY BOARD & ORS . ----------- 3. 13.12.2010 Heard learned counsel for the petitioner and the Bihar State Electricity Board. The petitioner is aggrieved by the order dated 20.4.2009 and the bill dated 5.5.2009 for a sum of Rs. 3,09,966.75/- issued in pursuance of the same. The actions are purportedly based on an inspection of the premises carried out on 19.11.2008 when against a sanctioned 21 KW connected load of 44 KW is alleged to have been found. Learned counsel for the petitioner submits that the procedure to be followed in such a case is provided for under Section 126 of the Electricity Act, 2003. No notice in terms of the same along with an opportunity to file objections against a provisional assessment whereafter final assessment is to be made has been followed. The additional ground is raised that the petitioner as Industrial Training Institute is liable to be assessed as non- commercial category consumer placing reliance on a State Government circular dated 16.1.2006. Counsel for the State from the counter affidavit submits that during the pendency of the writ application 2 proceedings under Section 126 of the Electricity Act, 2003 have been initiated and notice has been issued to the petitioner on 9.12.2010 along with a provisional assessment. He next opposed the claim of the petitioner to be covered as a non-commercial category consumer. If the matter is engaging the attention of the assessment authority, there is no occasion for this Court to pre-judge the matter on any issue. The matter of assessment shall naturally take within its ambit the categorization of assessment. Therefore, the petitioner has an adequate remedy on both counts. Let the assessment proceeding be completed and disposed within the statutory time limit provided for in the Act. In view of the fact that the respondents have resorted to proceeding under Section 126 o the Electricity Act, 2003, during the pendency of the writ petition on 9.12.2010, the impugned orders dated 20.4.2009 and 5.5.2009 as per the respondents themselves become unsustainable. They are accordingly set aside. Needless to state that pending disposal of the proceeding under Section 126 of the Electricity Act, 2003, the petitioner shall continue to pay as per the provisional assessment and the categorization under which he made the application for an electric connection. Any payment 3 made by the petitioner during the pendency of the assessment proceeding naturally has to be adjusted in the final assessment, circumstances so warranting. The writ application stands allowed and disposed with the aforesaid direction. P. Kumar ( Navin Sinha, J.)