IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3309 of 2009 1. M/s. Zee Saheb Cosmetic Zone, through its Proprietor Mr. Rajeev Ranjan Gupta situated in Shop Nos. 15,16,17 and 18 Harihar Complex Boring Road, P.S. Budha Colony, District-Patna, Bihar 2. Rajeev Ranjan Gupta, aged about 30 years, son of Sri Dinanath Gupta, resident of P.O. East Boring Canal Road, P.S. Budha Colony, Dist. Patna, Bihar, Proprietor of M/sZee Saheb Cosmetic Zone a proprietorship firm, petitioner no.1. ………… Petitioners Versus 1. The Bihar State Electricity Board through its Chairman, Baily Road, Patna 2. The General Manager-cum-Chief Engineer, Patna Electrical Supply undertaking, Mangles Road, Patna 3. The Electrical Executive Engineer, New Capital PESU, Patna 4. The Assistant Electrical Engineer (Rev.) New Capital PESU (West) Patna 5. The Assist. Electrical Engineer (S) New Capital Division, the so called assessing officer …………………………… Respondents ----------- For the petitioner: Mr. Gajendra Pratap.Singh, Advocate For the Board:- Mr. Anand K. Ojha, Advocate. ---------- 4. 30.04.2009 Heard learned counsel for the petitioners and learned counsel for the Bihar State Electricity Board. In the present matter pursuant to an inspection made on 9.2.2009, the authorities of the respondent-Board came to the conclusion that the petitioners were involved in committing theft of electricity by tampering the meter. Accordingly an FIR was registered against them and thereafter a provisional penal bill dated 10.2.2009 was also issued. Subsequently, a provisional assessment order dated 8.4.2009 has been issued against which the petitioners have filed objection dated 15.4.2009 in which they have raised various pleas including the one regarding the jurisdiction of the Assessing Officer in the matter apart from other objections regarding the connected load and the number of days for which the penal bill could be raised. - 2 - Ultimately before this Court learned counsel for the petitioners submits that he would be satisfied if the objections raised by the petitioners to the provisional assessment order are considered by the Assessing Officer in terms of the provisions of the Electricity Supply Code and a final assessment made by him in accordance there with. The writ application is accordingly disposed of with a direction to the Assessing Officer to dispose of the objection of the petitioners in accordance with the provisions of the Electricity Supply Code after personally hearing the petitioners for which purpose the petitioners shall appear before him on 12th May, 2009. It is submitted by learned counsel for the petitioners that the petitioners have already deposited an amount of Rs. 1,00,000/- (Rupees one lac) against the said provisional penal bill. In the said circumstances, the petitioners are directed to deposit a further amount of Rs. 3.5 lacs in five equal monthly instalments, the first of which shall be paid on or before 8th May, 2009 and the remaining on the 7th of the next four succeeding months. On the petitioners’ producing receipt for payment of the first instalment, the authorities of the Board shall restore the electric supply of the petitioners within 48 hours thereafter. It is made clear that any default in payment of the instalments shall make the petitioners liable to disconnection of electric supply. Any other amount as may be determined by the - 3 - Assessing Officer or on appeal etc. shall be payable by the petitioners in accordance with law. S.Pandey (Ramesh Kumar Datta, J.)