IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17961 of 2010 1. M/S UMESH ENGINEERING CO. THROUGH ITS PROPRIETOR SHRI AJAY KUMAR SINGH AT+P.O.NACHAP, P.S.EKMA, DISTT-SARAN(CHAPRA), BIHAR Versus 1. THE BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN BAILEY ROAD, BSEB BUILDING , PATNA 2. THE CHIEF ENGINEER(RURAL ELECTRICAL), BIHAR STATE ELECTRICTY BOARD BAILEY ROAD, BSEB BUILDING, PATNA 3. THE GENERAL MANAGER-CUM-CHIEF ENGINEER TIRHUT ELECTRIC SUPPLY AREA, MUZAFFARPUR 4. THE ELECTRICAL SUPERINTENDING ENGINEER, BIHAR STATE ELECTRICITY BOARD, ELECTRIC SUPPLY CIRCLE CHHAPRA ELECTRICAL DIVISION, CHHAPRA 5. THE ELECTRICAL EXECUTIVE ENGINEER, BIHAR STATE ELECTRICITY BOARD, ELECTRIC SUPPLY DIVISION(WEST) CHHAPRA ----------- 3/ 19/05/2011 Heard learned counsel for the petitioner and learned counsel for the State. Though the writ petition arises out of a contractual relationship, yet in view of the fair stand taken on behalf of the parties it has become possible for the Court to dispose the writ application with directions. Learned counsel for the petitioner makes no grievance against the refusal to renew the franchisee agreement by the Board. The limited submission is that whatsoever be the legitimate dues in accordance with law till the date of termination of the agreement be paid to the petitioner. The imposition of any penalty for not meeting collection targets is not justified and wrong. If the petitioner had been given an opportunity to explain before termination, he could have satisfied the authorities. A counter affidavit is stated to have been filed 2 on behalf of the Board on 13.5.2011 which is not on record. The office shall place it on record. From the copy of the learned counsel for the Board, the Court finds that Clause No.XXI of the agreement provides a procedure for settlement of disputes by the General Manager-cum-Chief Engineer of the Electric Supply Area. The Court directs the petitioner to represent before the General Manager-cum-Chief Engineer, Electric Supply Area who shall grant him a personal hearing and determine the dues of the petitioner after considering his defence and then pass a reasoned order. It is expected that if the General Manager-cum-Chief Engineer, Electric Supply Area finds justification in the claim or in any part of the same, he shall simultaneously order payment. Let such exercise be concluded by the General Manager-cum-Chief Engineer, Electric Supply Area within a maximum period of two months from the date of receipt/production of such representation along with a copy of this order. The writ application is disposed. KC ( Navin Sinha, J.)