IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6172 of 2009 Kamaljeet Singh, son of Sri Hanbans Singh, Proprietor Hans Pal Hotel, Budh Marg, P.S. Kotwali, District-Patna …….. Petitioner Versus 1. The Bihar State Electricity Board, through its Chairman, Vidyut Bhawan, Bailey Road, Patna. 2. The Chairman, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna. 3. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna. 4. The Electrical Executive Engineer, PESU, Dak Bunglow, Patna 5. The Assistant Electrical Engineer, PESU, Dak Bunglow, Patna. ----------- 2. 22.05.2009 The grievance of the petitioner is that on a complaint by him that the meter has burnt down, an inspection of his hotel premises was made and the authorities have wrongly come to the conclusion of theft of electricity by the petitioner. It is submitted that the authorities have acted contrary to the provisions of the Bihar Electricity Supply Code in the matter of inspection, seizure etc. It is further submitted by learned counsel for the petitioner that subsequently a provisional assessment order dated 22.3.2009 but signed by the Assessing Officer on 23.4.2009 was served upon the petitioner directing him to file his objection within seven days and the date of hearing was fixed on 2.5.2009 whereas the same was received by the petitioner after the said date and accordingly he could not file his objection and appear on the said date. It is submitted that in the said provisional assessment order an amount of Rs. 8,99,934.00 has been raised as penal bill against the petitioner which is not in accordance with the provisions of the Bihar Electricity Supply Code and the factual situation. In the above circumstances, the writ application is - 2 - disposed of with a direction that the petitioner shall file his representation before the Assessing Officer against the provisional assessment order on or before 5th June, 2009 and thereafter the Assessing Officer shall pass final assessment order in accordance with law. In the meantime, if the petitioner deposits an amount of Rs. 2,00,000/- in four equal instalments, the first instalment to be paid on or before 31st. May, 2009 and the remaining three instalments on or before the last day of the three succeeding months then the authorities of the Board shall restore the electrical supply of the petitioner within a period of 48 hours from the production of receipt regarding payment of the first instalment. S.Pandey (Ramesh Kumar Datta, J.)