IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.456 of 2010 GANESH MAHTO Versus BIHAR STATE ELECTRICITY BOARD ----------- 2 23.8.2010 The petitioner is aggrieved by the assessment of drawing of electricity in an authorized manner whereby a sum of Rs.4,25,000 has been assessed against the petitioner. Learned counsel for the petitioner submits that though an F.I.R. has been lodged, no notice has been served on him as required under section 126(2) of the Electricity Act, 2010. Mr. Vinay Kirti Singh, learned counsel for the Board submits that the contents of the F.I.R. may be treated as order of provisional assessment of loss sustained by the Electricity Board. Having considered the facts and circumstances of the case, this court is of the view that in terms of section 126(1) & (2) the Board is required to serve an order of provisional assessment upon the person in occupation or possession or in charge of the place or premises indulging in unauthorized use of electricity. The F.I.R. in all circumstances cannot be treated as an order of provisional assessment. It appears that the petitioner has earlier moved this court for regular bail bearing Cr.Misc.No.40128 of 2009, which was disposed of on 25.11.2009 with certain direction. Now the petitioner knows of the assessed amount, it would be open to him to file a representation to the Assistant Electrical Engineer, 2 KHAN Electric Supply Division, Bahadurpur raising all his grievances, who would dispose of the same in terms of provisions contained in section 126 of the Electricity Act within a period of two months from the date of its filing. With the aforesaid observations, this writ application stands disposed of. (S.P.Singh,J)