IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12563 of 2008 M/S GANGOTRI ELECTROCASTINGS LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE SITUATED AT 302, ASHIANA TOWER, EXHIBITION ROAD, PATNA THROUGH ONE OF ITS DIRECTORS, SANJIV KUMAR CHOUDHARY, S/O LATE SHIV BHAGWAN CHOUDHARY, RESIDENT OF KATARUKA NIWAS, SOUTH GANDHI MAIDAN, P.S. GANDHI MAIDAN. DISTRICT- PATNA. … PETITIONER. Versus 1. THE BIHAR STATE ELECTRICITY BOARD, VIDHYUT BHAWAN, BAILEY ROAD, PATNA. 2. THE GENERAL MANAGER-CUM-CHIEF ENGINEER, PATNA ELECTRIC SUPPLY UNDERTAKING, MANGLES ROAD, PATNA. 3. THE SUPERINTENDING ENGINEER, PATNA ELECTRIC SUPPLY UNDERTAKING(WEST) MANGLES ROAD, PATNA. 4. THE ELECTRICAL EXECUTIVE ENGINEER, PATNA ELECTRIC SUPPLY UNDERTAKING(WEST), KHAJPURA, BAILEY ROAD, PATNA. 5. THE ASSISTANT ELECTRICAL ENGINEER, WEST CIRCLE, PATNA ELECTRIC SUPPLY UNDERTAKING, SUPPLY SUB- DIVISION, KHAGAUL, PATNA. 6. M/S SECURE METERS LTD., PLOT NO. CH-5, GROUND FLOOR, ROAD NO. 25 SHRI KRISHNA NAGAR, PATNA-1, RAJASTHAN ADDRESS- K.B.CO, BHAMESH INDUSTRIAL AREA, KALVADAS, UDAIPUR, 313003, RAJASTHAN. .. RESPONDENTS. with CWJC No.13259 of 2008 M/S PATWARI STEEL PVT.LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS PLACE OF BUSINESS AT G1-11, FATUHA INDUSTRIAL AREA, FATUHA, DISTRICT- PATNA THROUGH ONE OF ITS DIRECTORS, SUBHAS KUMAR PATWARI, S/O LATE SATYA NARAYAN PATWARI, RESIDENT OF ROAD NO. 6A, RAJENDRA NAGAR, P.S. KADAMKUAN, DISTRICT- PATNA. … PETITIONER. Versus 1. THE BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA, THROUGH ITS CHAIRMAN OFFICIATING AT VIDYUT BHAWAN, BAILEY ROAD, PATNA. 2. THE GENERAL MANAGER CUM CHIEF ENGINEER, CENTRAL AREA ELECTRIC SUPPLY, SERPANTINE ROAD, PATNA. 3. THE ELECTRICAL SUPERINTENDING ENGINEER, PATNA ELECTRIC SUPPLY CIRCLE, PATNA. 4. THE ELECTRICAL ENGINEER, ELECTRIC SUPPLY DIVISION, FATUHA. 2 5. THE ASSISTANT ELECTRICAL ENGINEER, ELECTRIC SUPPLY SUB-DIVISION, FATUHA. 6. M/S SECURE METERS LTD., K.B.CO, BHOMESH INDUSTRIAL AREA, KALVADAS UDAIPUR, 313003 RAJASTHAN, PATNA ADDRESS: PLOT NO. CH-5, GROUND FLOOR, ROAD NO. 25 SHRI KRISHNA NAGER, PATNA- 800001. .. RESPONDENTS. For the petitioner: M/s. S.D. Sanjay, Gautam Kejriwal and Gopal Pd. Gupta, Advocate. For the Respondent Nos. 1 to 5 : Mr. Vinay Kirti Singh, Advocate. For Respondent No.6 : M/s. Raju Giri and Santosh Kumar Mishra, Advocate. ----------- 5. 11.01.2011 Heard learned counsel for the petitioner and the Bihar State Electricity Board (hereinafter referred to as the ‘Board’). 2. Petitioner in both the writ petitions are the high tension consumer of the licensee (Board). They are aggrieved by the provisional bill served on them after lodging of the First Information Report by the Assessment Officer. They dispute the logic of the provisional bill raised by the Assessment Officer on the ground that from the different inspection reports it will appear that the seal of the meter installed in the premises of the petitioners were found intact at the time of the removal of the meter and there could not have been any tampering of the meter at the end of the petitioners. 3. Aforesaid submission is being disputed by the counsel for the licensee and Secured meter 3 Respondent No.6 the manufacturer of the meter with reference to the analysis report, Annexure-9 in C.W.J.C. No. 12563 of 2008 and Annexure-5A in C.W.J.C. No. 13259 of 2008. 4. Counsel for the petitioner in rejoinder with reference to the contents of report dated 28.2.2008 and 1.3.2008, Annexures 4 and 6 in C.W.J.C. No. 12563 of 2008 and Annexures 1 and 2 in C.W.J.C. No. 13259 of 2008 submitted that the analysis report, Annexure-9 in the first case and Annexure-5A in the second case should not have been relied upon for filing the First Information Report and raising the provisional bill against the petitioners in view of the decision of the Board dated 14.2.2008 bearing memo no. 83 dated 19.2.2008, Annexure 5, 9 in the two writ petitions as also provisions of clause 8.12 of the Bihar Electricity Supply Code, 2007. 5. Having considered the submissions raised by the counsel for the parties and having perused the provisions of Part-XII of the Electricity Act,2003 particularly Section 126 of the said Act which provides for assessment and issue of provisional assessment order together with the demand raised on that basis, I am of the view that the dispute raised in the petition about the raising of the provisional bill including its 4 quantum can be taken care of by the Assessment Officer by enabling the petitioner to file his objection before him and the Assessment Officer shall consider the same and pass appropriate orders dealing with the submissions noted above as also any other submissions which is raised in the objection. Petitioner is directed to submit his objection before the Assessment Officer within three weeks from the date of receipt of the certified copy of this order. The Assessment Officer shall thereafter consider the objection and pass appropriate orders as also fix the quantum of the amount which is to be paid by the petitioner for the period during which the meter did not display reading either on account of mechanical defect or on account of its tampering by the petitioners in accordance with law within the time provided therefor in the statute. In case the electric consumption charges are reduced by the Assessment Officer necessary adjustment shall be allowed to the petitioners in the light of the order of the Assessing Officer. 6. With the aforesaid observation and direction, the two writ petitions are disposed of. Ibrar/- ( V.N. Sinha, J )