IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5760 of 2009 Parmanand Sao, son of Late Brahamdeo Sao, R/o Ganga Path, West Patel Nagar, Patna ……………… Petitioner Versus 1. The Bihar State Electricity Board through its Secretary, Vidut Bhawan, Bailey Road, Patna 2. The Chairman, Bihar State Electricity Board, Vidut Bhawan, Bailey Road, Patna 3. The Secretary, Bihar State Electricity Board, Vidut Bhawan, Bailey Road, Patna ……………………. Respondents. ----------- 2. 15.5.2009 The petitioner is aggrieved by the action of the respondent-authorities of the Electricity Board raising a provisional penal bill of Rs. 2,22,051/- without making a proper assessment in accordance with the provisions of the Bihar Electricity Supply Code, 2007. It is pointed out by learned counsel for the petitioner that on the basis of the FIR lodged on 13.1.2009 the petitioner applied for anticipatory bail before the learned Sessions Judge, Patna and the same was allowed with a direction to pay the said amount in 20 monthly instalments of Rs. 11,121/- with a liberty to approach the Board and negotiate for amicable settlement and if the amount is reduced then the instalment shall also be reduced. It is stated by learned counsel that out of 20 instalments the petitioner has paid three instalments but no action is being taken for making proper assessment in terms of the Supply Code. In the above circumstances, the writ application is disposed of with a direction to the Assessing Officer to issue a provisional assessment order to the petitioner within a period of ten days from today and the petitioner will have the liberty to file 2 objection against the same and other rights as given to the consumers under the Electricity Supply Code with respect to the said matter. It is further directed that the final assessment must be made within the period provided in the Supply Code. S. Pandey (Ramesh Kumar Datta, J.)