IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3314 of 2003 Gourendra Narayan Choudhary, S/O Late Ramanand Choudhary, resident of Aliganj, P.S. Mujahidpur, Town and District- Bhagalpur …………… Petitioner Versus 1.Bihar State Electricity Board appearing through its Chairman, Bailey Road, P.S. Kotwali, town & District- Patna 2. General Manager-cum-Chief Engineer, Bhagalpur Area Electricity Board, Bikhanpur, Bhagalpur 3.Electrical Superintending Engineer, Bhagalpur Electrical Circle, Mayaganj, Bhagalpur 4.Electrical Executive Engineer, Bhagalpur Urban Electric Supply Division, Bhagalpur 5.Asstt.Electrical Engineer, Electric Supply Sub- Division (Central) Bhagalpur …………. Respondents With CWJC No.10390 Of 2007 Gourendra Narayan Choudhary, S/O Late Ramanand Choudhary, resident of Aliganj, P.S. Mujahidpur, Town and District- Bhagalpur …………… Petitioner Versus 1.The State Of Bihar 2.Additional District Magistrate-cum-Certificate Officer, Bhagalpur 3.Electrical Superintending Engineer, Bhagalpur Electrical Circle, Mayaganj, Bhagalpur 4.Electrical Executive Engineer, Bhagalpur Urban Electric Supply Division, Bhagalpur 5.Asstt.Electrical Engineer, Electric Supply Sub- Division (Central) Bhagalpur 6.The Certificate Officer, Bhagalpur, P.S. & District- Bhagalpur …………… Respondents ----------- 9. 21/06/2010 First writ application has been filed by the petitioner challenging the penal electricity bill raised on the basis of inspection of the premises of the petitioner. The writ application was heard on 11.11.2003 and an interim order was passed to the effect that if petitioner deposits Rs.3 lakhs on account of bill dated - 2 - 10.2.2003 (Annexure-1) within a week and continues to pay subsequent bills, his line shall not be disconnected. It appears that before passing of the said order, electric line of the petitioner had already been disconnected. Therefore, petitioner did not deposit the amount. Subsequently, Electricity Board also filed a certificate proceeding under PDR Act which has been challenged by the petitioner in the second writ application. In the first writ application, main grievance of the petitioner is that before issue of penal bill, petitioner was not given any notice and he was not heard and an arbitrary bill was raised by the Board. Grievance of the petitioner appears to be reasonable. Therefore, this Court gives liberty to the petitioner to file a representation challenging the said bill before the General Manager-cum-Chief Engineer, Bhagalpur Area Electricity Board, Bhagalpur within two weeks raising all his challenges to the said inspection, inspection report, competence of and raising of the bill. If such a representation is - 3 - filed by the petitioner within two weeks, the said General Manager-cum-Chief Engineer shall consider the same, if necessary, shall afford the petitioner an opportunity of hearing either himself or his representative and shall pass orders on the representation of the petitioner dealing with all the challenges and submissions made by the petitioner in his representation. In case, any of the submissions of the petitioner raised in his representation does not find favour with the General Manager-cum-Chief Engineer, he shall assign specific reasons for the same in reference to specific law operating in the matter. This exercise must be completed by the General Manager-cum- Chief Engineer within three months from the date of filing of the representation. In view of the said interim order dated 11.11.2003 passed in the first writ application, petitioner is given liberty to deposit the sum of Rs.3 lakhs with the concerned authorities of the Board within two weeks. Upon his so depositing the amount, electric line of the petitioner shall be restored within 48 hours from the - 4 - deposit of the amount. The interim order dated 23.1.2008 passed in the second writ application in respect of the certificate proceeding shall continue till the representation of the petitioner is finally disposed of and the order passed by the General Manager-cum-Chief Engineer is served on the petitioner. Both the writ applications are disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh, J.)