IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2800 of 2002 SHATRUGHAN PD.SINGH Versus THE CHAIRMAN, B.S.E.B. & ORS ----------- 4 09.02.2009 Heard counsel for the petitioner and counsel for the Board. The grievance of the petitioner in this writ application is with regard to a new electrical connection for agricultural purposes for which the petitioner had already made not only necessary application but also deposited security amount of Rs. 500/- way back on 3.9.1987. Counsel for the Board however, has taken a stand that the village in question where the petitioner was seeking electric connection infact was not electrified till 2002. He would further submit that he has got no instruction as to what is the present situation after the year 2002. From the order of this Court dated 21.2.2002 and 19.4.2007, it would appear that the writ application has remained pending for nearly seven years only awaiting for counter affidavit of the Board but till date no counter affidavit has been filed despite repeated indulgence given to the Board. In such a situation, this Court has to proceed on the basis that whatever fact has been stated in the writ application is correct. Therefore, this Court has also to proceed on the basis of that there - 2 - has been an application filed by the petitioner for grant of electric connection and that has remained pending for all these years. If the Board and its authorities have accepted payment of Rs. 500/- as has been claimed by the petitioner by enclosing a copy of the receipt, it was the duty of the Board and its authority to inform the petitioner about the reason for not providing electric connection and/or refund the amount deposited by the petitioner. In that view of the matter the General Manager- cum-Chief Engineer of Koshi Electricity Division, Saharsa, is directed to find for himself as to whether the electric connection to the petitioner has been provided or not and in the event such electric connection has not been provided or could not be provided for any specific justifiable reason/policy of the Board, the Board within a month of receipt/production of a copy of this order will be under obligation liable to refund Rs. 500/- accepted by it along with compound interest at the rate of 18% per annum, from the date of its deposit by the petitioner till its actual payment keeping in view that the Board too charges D.P.S. (Delayed Payment Surcharge) from the consumers at the rate of 18% per annum. With the aforementioned observations and directions this application is disposed of. Bibhash (Mihir Kumar Jha, J.) - 3 -