IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11773 of 2009 KHAJA LAL PRASAD Versus THE BIHAR STATE ELECTRICITY BOARD & ORS ----------- 2 8.9.2009 Heard learned counsel for the parties. Earlier on a writ application filed by the petitioner the High Court vide order dated 5.9.2008 disposed of the same with a direction upon the Electrical Superintending Engineer, Patna to hold enquiry and dispose of the representation of the petitioner by a speaking order. The issue is motor which is being used by the petitioner and its capacity. The stand of the petitioner is that it is 5 HP motor whereas the inspection team found that it is 8 HP and accordingly punitive bill has been raised. Petitioner made a complaint that he filed a representation with a copy of the order before the Electrical Superintending Engineer way back on 24.9.2008 but no order has been passed much less the speaking order but the bill on the basis of the so called inspection is being raised and the arrears of bill and surcharge is being shown. This writ application is disposed of with a direction upon the Electrical Superintending Engineer to decide the issue at the earliest. Till the final decision is rendered on the issue by them the petitioner will be liable to pay to respondent electrical charge only for 5 HP and the arrear bill and surcharge bill will also be stayed as the respondents can not take advantage - 2 - of its own wrong by not deciding the issue within the time frame. RPS (Ajay Kumar Tripathi, J.)