IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15449 of 2009 RAJESH DEWAN @ RAJESH KUMAR, AGED ABOUT 48 YEARS, S/O LATE MULK RAJ DEWAN, AT IDGAH ROAD, P.O.- GULZARBAGH, P.S.- ALAMGANJ, PATNA CITY, DISTT.- PATNA, AT PRESENT RESIDENT OF FLAT NO. 301, DURGA APARTMENT, MIRCHAI GALI, P.S.- CHOWK, PATNA CITY, DISTT.- PATNA. …. PETITIONER. Versus 1. THE CHAIRMAN, BIHAR STATE ELECTRICITY BOARD VIDYUT BHAWAN, BAILEY ROAD, PATNA. 2. THE CHIEF SPECIAL TASK FORCE, BIHAR STATE ELECTRICITY BOARD VIDYUT BHAWAN, BAILEY ROAD, PATNA. 3. THE SUPERINTENDENT ELECTRICAL ENGINEER, 2ND FLOOR,. SHIVALAYA MARKET, ASHOK RAJPATH, PATNA. 4. THE ELECTRICAL EXECUTIVE ENGINEER, GULZARBAGH, ELECTRICAL SUPPLY DIVISION, GULZARBAGH, PATNA. 5. THE ASSISTANT ELECTRICAL ENGINEER, MEENA BAZAR, PATNA CITY, PATNA. …. RESPONDENTS. ----------- For the petitioner : Mr. Rajesh Kumar, Advocate. For the respondents : Mr. Anand K. Ojha, Advocate. ----- 03/ 29.07.2010 Heard learned counsel for the petitioner and learned counsel for the respondent-Board and its authorities. 2. This writ petition has been filed challenging the Energy Bill dated 16.10.2009 for the month of September, 2009 amounting to Rs.2,43,280.34 including the arrear of Rs.2,30,723.57 raised by the Electrical Supply Division, Gulzarbagh, Patna. 3. Learned counsel for the respondents raises a preliminary objection that under Section 42(5) of the Electricity Act, 2003 there is a forum for redressal of grievance of the consumers, namely Consumer Grievance Redressal Forum, Patna - 2 - and, hence, the petitioner has an alternative remedy, but in spite of that the petitioner has filed the instant writ petition which is, accordingly, not maintainable. 4. Considering the facts and circumstances of this case, learned counsel for the petitioner seeks permission to withdraw this writ petition so that he may be able to file an application for the same relief raising all the facts concerned. 5. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty to the petitioner. 6. However, if the petitioner files an application before the above-mentioned Forum within fifteen days from today, the Forum shall consider the time consumed in the instant writ petition and shall decide the case expeditiously, preferably within a period of four months from the date of filing the appeal, on merits after holding due inquiry as appears to be necessary. 7. The petitioner will also be at liberty to file an interlocutory application before the said Forum for stay of the operation of the revised bill. If the said application is filed within fifteen days, the forum shall decide the same within one month from the date of its filing. Till then, no coercive action shall be taken against the petitioner. Sunil (S. N. Hussain, J.)