IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14655 of 2008 SMT.USHA JAISWAL, WIFE OF SHRI VIRENDRA PRASAD CHOUDHARY, RESIDENT OF KURMI TOLA, NEAR MASZID, P.S. TOWN, DISTRICT MUZAFFARPUR. Versus 1. THE BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA THROUGH ITS CHAIRMAN OFFICIATING AT VIDYUT BHAWAN, BAILEY ROAD, PATNA. 2. THE GENERAL MANAGER-CUM-CHIEF ENGINEER, TIRHUT AREA ELECTRIC SUPPLY, MUZAFFARPUR. 3. THE ELECTRICAL SUPERINTENDING ENGINEER, MUZAFFARPUR. 4. THE ELECTRICAL EXECUTIVE ENGINEER, SPECIAL TASK FORCE, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 5. THE ELECTRICAL EXECUTIVE ENGINEER, ELECTRIC SUPPLY DIVISIOIN, MUZAFFARPUR. ----------- 04. 08.12.2010 Heard learned counsel for the petitioner and the counsel for the Bihar State Electricity Board(hereinafter referred to as the Board). 2. Petitioner is aggrieved by the punitive bill dated 8.9.2008, Annexure-5, whereunder demand of Rs.15,88,484/- has been served on her. Against the punitive bill petitioner has remedy before the Assessing Officer under Section-126 of the Electricity Act, 2003(hereinafter referred to as the Act). It appears without availing the said remedy before the Assessing Officer, petitioner has approached this Court and under orders dated 30.9.2008 passed in the instant writ case the connection has been restored on payment of 20% amount of the punitive bill. 2. By filing counter affidavit, counsel for the Board submitted that in view of the power theft committed by the petitioner she is not entitled for any interim relief, until the matter is considered by the Assessing Officer. Reference in this connection, has been made - 2 - to the inspection report dated 23.7.2008, Annexure-A to the counter affidavit. 3. Counsel for the petitioner in rejoinder, however submitted that the authorities of the Board acted with malice as having given meter less connection to the petitioner, they ought not to have lodged the First Information Report on the basis of the inspection report and raised the punitive bill. 4. Having heard counsel for the parties, I direct the petitioner to avail the remedy before the Assessing Officer under Section-126 of the Act. The Assessing Officer shall serve on the petitioner the provisional assessment order within three days of the receipt of this order, whereafter petitioner should deposit 50% amount of the provisional assessment order and file his objection, which should be considered and the matter be finally disposed of by the Assessing Officer within the time provided in the statute. During the pendency of the matter before the Assessing Officer the electric connection of the petitioner shall remained restored, provided she deposited 50% of the provisionally assessed amount. The amount already paid in terms of the interim order of the High Court shall be adjusted towards the deposit of the 50% amount of the provisional bill. 5. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)