IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1443 of 2011 RAMESHWAR SINGH . Versus THE BIHAR STATE ELECTRICITY BOARD . ----------- For the Petitioner : Mr. Mani Bhushan Kumar, Advocate For the Respondents: Mr. Vinay Kirti Singh, Advocate Mr. Akhileshwar Singh, Advocate ------ 2. 22.02.2011 Heard learned Counsel for the petitioner and the learned Counsel for the Bihar State Electricity Board. The petitioner represents Leads Asian School. The School is acknowledged at the Bar to have 16 class rooms. It however had a connected load of 5 Kilowatt only. A surprise inspection of the School premises on 15.5.2008 revealed connected load to be 22 Kilowatt. A provisional assessment of liability on the connected load was then made leading to an agreement signed between the parties on 27.7.2009 quantifying the dues at Rs. 3,26,592/-. Unfortunately the writ petition did not make specific disclosure about the agreement under which the petitioner had agreed to pay in installments as mentioned therein. He did act by the agreement and paid the first installment of Rs. 81,645/- but stopped payment of installments under the agreement thereafter. It is the case of the Board that thereafter the charges for current consumption are also not being paid. Counsel for the petitioner submitted that the respondent Board had made a provisional assessment. Objections having been filed by the petitioner, a final assessment is now required to be made by the Board, whereafter if aggrieved the petitioner may avail the remedy of appeal under Section 127 of the Electricity Act. He however submits that in the meantime the petitioner is ready and willing to deposit 50% of the entire arrears including that mentioned in the agreement as also the current consumption charges beyond that and the electricity supply should be restored to enable him to run the school which is presently run on generators. 2 Counsel for the Board very fairly submits that final assessment has not been done as yet but it shall be done expeditiously within the statutory time fixed under Section 126 of the Electricity Act. The Court can take judicial notice of the fact that no School premises of the nature as present can run on 5 Kilowatt connected load. To that extent the Court finds no merit in the writ application. Additionally, the petitioner has not conducted himself in an appropriate manner by withholding specific disclosure with regard to the agreement entered into by him with the Electricity Board on 27.7.2009 and having acted thereunder and also by payment of installments. The writ petition has been filed thereafter on 21.1.2011. The Court in exercise of its discretionary writ jurisdiction is not satisfied of the conduct of the petitioner. Nonetheless keeping in mind that it is an educational institution and that absence of electricity may affect dissemination of education in the school, but keeping in mind that it already has generators in place this application is disposed with the following observations:- If the petitioner deposits installments as agreement by him on 27.7.2009 along with current consumption charges which are also stated to be due, the Electricity Board shall restore the electric connection. This shall be without prejudice to the rights of the petitioner to agitate correctness of the connected load alleged to have been found in pursuance of the remedies available to him under the Electricity Act 2003 when any payments made in the meantime shall remain subject to adjustment in the final liability as may be assessed. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)