IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7334 of 2009 ***** M/S Hindustan Engineering Works, Mahatma Gandhi Setu Path, Patna, P.S. Agam Kuan, District- Patna through its Proprietor Jarnail Singh son of Late Charan Singh, resident of M/s Bhargo Saw Mill, Khagaul Road, Mithapur, P.S. Jakkanpur, District-Patna. …. …. Petitioner Versus 1. Bihar State Electricity Board through its Chairman, Vidyut Bhawan, Bailey Road, Patna. 2. The General Manager-cum-Chief Engineer, Patna Electric Supply Undertaking, Patna. 3. The Electrical Executive Engineer, Electrical Supply Division, Patna Electric Supply Undertaking, Patna. 4. Electrical Executive Engineer, Commercial, BSEB, Patna. 5. Assistant Electrical Engineer, Supply Sub-Division, Bahadurpur, Patna. 6. The Junior Electrical Engineer, Kumhrar Division, Patna. …. …. Respondents ----------- 2. 2.7.2009. Some basic facts are not disputed by the learned senior counsel representing the petitioner that an inspection was carried out on his premises on 8.12.2008 by the respondent authorities of Bihar State Electricity Board. It was the opinion of the inspecting team that the petitioner was drawing higher consumption than the sanctioned load. In relation to the same a bill to the tune of Rs.55,332.34 was raised. The petitioner in terms of the statutory provisions contained in Section 126(3) of the Electricity Act, 2003 filed his objection on 10.12.2008. Section 126(3) lays down that whenever a person is served with an order of provisional assessment he has a right to file an objection before the assessing officer, who in his turn, after affording a reasonable opportunity of hearing shall pass a final order of assessment within 30 days from the date of order of provisional assessment. It is urged on behalf of the petitioner that this provision has not been followed by the assessing authority. The objection was filed on 10.12.2008 itself but nothing of the kind has been done till date. There is - 2 - lapse of almost six odd months. With this limited submission, the writ application is disposed of with direction upon the respondent no.2, the General Manager-cum-Chief Engineer or the officer designated to be the assessing authority to decide the matter within 30 days from the date of communication/production of a copy of this order. It is also observed that till such an order is passed the supplementary demand raised will not be enforced for the reason that the respondent Electricity Board does not have the privilege of not complying with the provisions of law as well as enforcing their demand without deciding the merits of the matter. The writ application is disposed of with above direction. Pawan/- (Ajay Kumar Tripathi, J.)