IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17561 of 2008 M/s Ajatshatru Hotel, through its Properitor, Arvind Kumar son of Sri Gopal Prasad, resident of Laxman Sahay Lane, Police Station- Kotwali, District-Gaya ……………………….. Petitioner Versus 1. The Bihar State Electricity Board through its Chairman, Vidhyut Bhawan, Bailey Road, Patna 2. The Electrical Superintending Engineer, Gaya (Urban) 3. The Electrical Executive Engineer, Gaya (Urban) …………………… Respondents ----------- For the petitioner: Mr. Kumar Dhirendra Pratap Singh, Advocate For the Respondents: Mr. Vinay Kirti Singh, Advocate. ----------- 4. 03.03.2009 The grievance of the petitioner is that after an inspection was made by the STF team of the Electricity Board on 7.4.2008, straightaway on the basis of the report of the said team the impugned supplementary bill dated 25.9.2008 (further rectified and corrected on 1.10.2008) has been issued by the respondent-Board without making any provisional assessment as required under Para 11.1 of the Bihar Electricity Supply Code,2007 which further gives the petitioner a right to file objection against the said assessment and upon final assessment thereafter right to appeal to the appellate authority against such order. In the counter affidavit filed on behalf of the Electricity Board, the said fact has not been denied that no provisional assessment has been made. In the above circumstances, the writ application is allowed and the impugned supplementary bill dated 25.9.2008 (as rectified on 1.10.2008) (Annexure-1) is quashed and the matter is remanded to the competent authority to pass a provisional assessment - 2 - order and thereafter proceed further in accordance with the provisions of the Electricity Supply Code. S.Pandey (Ramesh Kumar Datta, J.)