IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6528 of 2010 SMT. PUSHPLATA DEVI W/O SHRI ARUN KUMAR R/O MOHALLA- JAI PRAKASH NAGAR, P.O. G.P.O., P.S. JAKKANPUR, DISTT.- PATNA. ….PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN AND SECRETARY, VIDYUT BHAWAN, BAILY ROAD, PATNA. 3. THE EXECUTIVE ELECTRICAL ENGINEER, ELECTRICITY SUPPLY DIVISION, GARDANIBAGH, PATNA-1. 4. THE ASSTT. ELECTRICAL ENGINEER, ELECTRIC SUPPLY DIVISION JAKKANPUR (PESU), PATNA. 5. THE ASSESSING OFFICER, ELECTRIC SUPPLY DIVISION (PESU), PATNA. ….RESPONDENTS. ----------- For the petitioner : Mr. N.K.Agrawal, Senior Advocate. Mr. Pritam Kumar, Advocate. For the respondents-Board : M/s. Vinay Kirti Singh & Vijay Kumar Verma, Advocates. --------- 05/ 30.09.2010 Heard learned counsel for the petitioner and learned counsel for the Bihar State Electricity Board and its authorities. 2. This writ petition has been filed for directing the authorities of Bihar State Electricity Board to restore electricity connection of the premises of the petitioner with or without any condition as the electricity of the petitioner had been disconnected by the authorities of Board on 11.08.2009 on the allegation of electricity theft and accordingly a criminal case with respect thereto had been lodged against the petitioner. 3. Learned counsel for the petitioner submits that he has filed a petition under the provision of Section 126 (3) of the Electricity Act, 2003 within time, but the authorities concerned are - 2 - neither passing any order on the said objection, nor they have restored the electricity connection to the petitioner’s premises. 4. Learned counsel for the respondents- Bihar State Electricity Board and its authorities submits that by provision of Section 126(3) of the Act an appropriate remedy is available to the petitioner. 5. In the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the petitioner to file a fresh objection under Section 126(3) of the Act before Assistant Electrical Engineer, Electric Supply Division, Jakkanpur (PESU), Patna (respondent no.4) who is also Assessing Officer, Electric Supply Division, PESU, Patna (respondent no.5). If the said objection is filed within fifteen days from today, the said authority will consider the matter in accordance with law and shall decide it expeditiously, preferably within a period of one month from the date of filing the objection. In the meantime, the said authority shall consider the question of reconnection positively if 50% of the dues are paid by the petitioner which includes part payment already made in the court below, which may be withdrawn by the respondents- authorities. Sunil (S. N. Hussain, J.)