IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13434 of 2009 ***** National Institute of Engineering and Technology under an N.G.O. Social Welfare Organisation of India, through its Secretary, Sri Kaushal Kumar, S/o Dr. H.C. Giri, r/o Muhalla-Anandpuri, Boaring Canal Road, P.S.-S.K.Puri, Town and District-Patna. …. …. Petitioner Versus 1. The Bihar State Electricity Board, through its Chairman, Vidyut Bhawan, Baily Road, Patna. 2. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Baily Road, Patna. 3. The General Manager-cum-Chief Engineer, PESU Area, Mangles Road, Patna. 4. Electrical Superintending Engineer, Electric Supply Circle, PESU (West), Patna. 5. Electrical Executive Engineer, Electric Supply Division, Danapur. 6. Assistant Electrical Engineer-cum-Assessing Officer, Electric Supply Sub-division, Danapur. …. …. Respondents ----------- 2. 13.10.2009. Heard counsel for the parties. A pin pointed submission has been made at the Bar on behalf of the petitioner that in terms of the requirements of Section 126 of the Electricity Act, 2003, the Assessing Officer has not issued any notice or given him an opportunity before making any provisional assessment based on the inspection having been carried out in the premises of the petitioner. Even before the fulfillment of the provisions, the respondent Electricity Board is trying to realize an arbitrary bill, which has been raised by them. Learned counsel for the respondents is not in a position to certify whether such an opportunity has been given by the Assessing Officer or not but he has taken a very fair stand that if it has not been done then the petitioner has a right to appear before the Assessing Officer, place his claim, who shall make the provisional assessment and thereafter decide the dispute. - 2 - The writ application is disposed of with a liberty to the petitioner that he shall lodge his protest or claim or explain before the Assessing Officer within two weeks from today and the Assessing Officer will hear the petitioner thereafter and pass an appropriate order with regard to the dispute. Needless to say that till an order is passed by the Assessing Officer under Section 126, the bill in question will not be enforced by the respondents. Pawan/- (Ajay Kumar Tripathi, J.)