IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18340 of 2008 M/S BASANT VIHAR, located at Shop No. 52, Block B Maurya Lok, P.S. Kotwali, Patna, through its proprietor, Shri Raja Babu Gupta, son of Late Banshidhar Agrawal, resident of Mohalla Bandar Bagicha, P.S. Kotwali, Dist. Patna-800001. ……………….. Petitioner. Versus 1. The Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna, through its Chairman 2. The Chief Engineer (Commercial), Bihar State Electricity Board, Vidyut Bhawan, Patna. 3. The General Manager-cum-Chief Engineer, PESU, Mangles Road, Patna 4. The Electrical Superintending Engineer, PESU (W), Mangles Road, Patna 5. The Electrical Executive Engineer, PESU (W), Mangles Road, Patna 6. The Assistant Electrical Engineer, Electrical Supply Sub-Division, Maurya Lok, PESU, Patna ……………… Respondents. ----------- For the petitioner:- M/S Y.V. Giri, Sr. Advocate, Manoj Kumar Ambastha & Rakesh Bihari Sharan, Advocates. For the Respondent-Board:- Mr. Vinay Kirti Singh, Advocate. ------------ 2. 13.01.2009 Learned counsel for the petitioner points out that no provisional assessment has been made as required by Para- 11.2.3 of the Bihar Electricity Supply Code, 2007 and only a provisional penal bill dated 26.11.2008 for Rs. 26,38,298/- has been served upon the petitioner and not a provisional assessment order as required by the said provision. It is further submitted that even the final assessment order dated 5.1.2009 brought in the counter affidavit as Annexure-C on the record is not speaking as it does not refer to the various issues raised by the petitioner in its representation. In the above circumstances, the provisional penal bill dated 26.11.2008 is quashed. Consequently the final assessment order - 2 - shall also stand quashed. The matter is remanded to the Assessing Officer to pass a provisional assessment order and serve the same upon the petitioner upon which the petitioner will have all the right of filing objections against the same which shall be disposed of in accordance with the provisions of law by a speaking order. Learned counsel for the petitioner submits that the petitioner has already deposited an amount of Rs. 1.35 lacs at the stage of grant of anticipatory bail by learned Sessions Judge, Patna and it is prepared to deposit a further amount of Rs. 5 lacs provided the Board restores the electrical connection so that its business could continue. It is accordingly directed that if the petitioner deposits a further amount of Rs. 5 lacs within a period of two weeks from today and produces receipt of the same, the authorities of the Board shall restore its electrical connection within 48 hours thereafter. The writ application is accordingly allowed with the aforesaid observations and directions. S.Pandey (Ramesh Kumar Datta, J.)