IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13799 of 2011 1. M/S Shakti Cold Storage, Garbhuchak, Patna Through One Of The Directors Of Partner Of Shakti Cold Storage Namely Pawan Kumar. 2. Pawan Kumar, Aged About 37 Yrs S/O R.K. Sah R/O 1/137 Azadgarh, P.O.-Regal Park, P.S.-Yadavpur, Distt.-Kolkata. Versus 1. The Bihar State Electricity Board Through It'S Chairman Bailey Road, Patna. 2. Assessing/Seizing Officer Cum Electrical Executive Engineer, New Capital, Patna. 3. Electrical Superintending Engineering Patna Electric Supply Undertaking (West). 4. Electrical Executive Engineer Pesu (W) Patna 5. Assistant Electrical Engineer Mrt II. Patna 6. Assistant Electrical Engineer Mrt III Patna 7. Assistant Electrical Engineer Khajpura. Patna 8. Assistant Electrical Engineer Mrt I. Patna 9. Junior Electrical Engineer Khajpura. Patna ---------------------------------- 2. 23-08-011. Petitioners run a Cold storage. They pray for restoration of electrical connection which was disconnected on 17.8.2011. The petitioners state that earlier also a punitive bill was raised against them by bill dated 11.6.2008 which was set aside vide order dated 12.8.2008, passed in C.W.J.C.No. 9309 of 2008 with certain directions. The petitioners submit that as a retaliation, again a punitive bill has been raised on allegation of tempering of the meter and consequent theft of electricity. Learned counsel submits that inspection report in no manner would show that the petitioners tempered with the meter and committed theft of energy. Mr Vinay Kirti Singh, learned counsel appearing for 2 the Board submits that the findings and conclusion of the Inspection team would also show that poly carbonate seal of the meter was detached from it with clear intention to commit theft. He submits that the Board has provisionally assessed the petitioner bill for about Rs. 42 lakh 97 thousand and odd, to which the petitioners can file their objections under section 126(3) of the Electricity Act, 2003. Having heard counsel for petitioners and State, I observe that pending final adjudication before the officer of Board, the electric connection would be restored subject to following conditions:- The petitioners would deposit 35% of the assessed amount within a period of two months from today. The 1st installment of 10% should be deposited within a week and 2nd installment of 10% should be paid within three weeks thereafter, and the balance 15% would be paid within further four weeks. The electrical connection would be restored on the payment of first installment. Needless to mention that payments are subject to the final adjudication in appeal. The writ petition thus disposed of. Shashi. (Samarendra Pratap Singh, J.)