IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6035 of 2009 1.KESHARI NANDAN SINGH son of late Krishna Singh 2.Sandip Kumar son of Keshari Nandan Singh Both resident of Ram Krishna Colony Post Office Mahendru P.S.Bahadurpur, Dist. Patna---------------------petitioners Versus 1.BIHAR STATE ELECTRICITY BOARD, Vidyut Bhawan Bailey Road, Patna through its Secretary 2.Secretary Bihar State Electricity Board, Vidyut Bhawan, Patna 3.Deputy General Manager Cum Electric Superintending Engineer, Mangels Road,Patna 4.Assistant Electric Engineer Electric Supply Sub division Gaya Ghat, Patna---respondents ----------- For the petitioners :M/S Binodanand Mishra Uday Bhan Singh For the Board :Mr.Vinay Kirti Singh ---- 2. 13.5.2009 The grievance of the petitioners is that after raiding their house an FIR was registered against them for theft of electricity on 11.12.2008 and a punitive bill of Rs.60,000/- was issued to the petitioners on the next date on 12.12.2008 which the petitioners deposited on the same day. Thereafter the petitioners applied for compounding of the offence under the provisions of Section 152 of the Electricity Act, 2003 but the respondents instead of accepting the compounding issued a letter dated 28.4.2009 to the petitioner stating that the amount of the punitive bill in terms of the provisions of the Electricity Supply Code comes to Rs.1,10,152/- and, accordingly, the petitioners have to deposit 2 a further amount of Rs.50,152/-, failing which the electrical connection would be disconnected. Learned counsel for the petitioners submits that it is not open to the authorities of the Electricity Board to keep on revising the demand with respect to the same matter, that too, without issuing any provisional assessment order, as is required under the provisions of the Bihar Electricity Supply Code. In the aforesaid facts and circumstances, the writ application is allowed. The impugned order contained in letter dated 28.4.2009 passed by the Assistant Electrical Engineer, Electric Supply Sub Division, Gai Ghat, Patna is quashed. It shall, however, be open to the Assessing Officer to issue a provisional assessment order to the petitioners and the petitioners would be entitled to raise objections with respect to the same in accordance with law and the same shall thereafter be disposed of in terms of the provisions of the Electricity Act and the Bihar Electricity Supply Code. Until final assessment is made, no coercive step shall be taken against the petitioners. (Ramesh Kumar Datta,J.) spal/