Letters Patent Appeal No.911 OF 2000 ----- Against judgment and order dated 18.4.2000 passed by a learned single Judge of this Court in C.W.J.C.No.8214 of 1999. ----- THE BIHAR STATE ELECTRICITY BOARD -------- Appellant Versus M/S RAM KUMAR AGARWAL & ORS -------- Respondents ----- For the Appellant : Mr.Vinay Kirti Singh,Adv. For the Respondents: None. ----- P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH THE HON'BLE MR. JUSTICE JAYANANDAN SINGH Barin ghosh & Jayanandan Singh,JJ: At the time of inspection at the shop of the writ petitioner – respondent carried out on 11th July, 1999 by a team of officers of the appellant, the said respondent had three meters, through one of them he was entitled to have 10 KW of electricity and through the remaining two he was entitled to 5 KW of electricity. At the time of inspection it transpired that total connected load at the shop of the said respondent was less than 19 KW. It also transpired during the course of inspection that after supply of electricity is registered in the - 2 - concerned meters, through change-over switch facility supply so obtained could be used for appliances installed in the shop of the said respondent. The said change-over switch was also used, as found in course of inspection, to utilize supply of electricity through generator. The said change-over switch was thereupon removed. In course of inspection it was found that in respect of two connections of 5 KW each the said respondent had connected load of 7 KW and 6 KW respectively and as against the connection of 10 KW he had connected load of 6 KW. 2. It was contended that by utilizing the said change-over switch respondent was using 19 KW of electricity from each of the connections. It was contended that installation of such change-over switch attracted the provisions of clause 16.9. It was contended that since consumption was 19 KW through each of the connections, said respondent was liable to pay the charges on such basis for each of the connections and accordingly bills were raised. 3. Learned single Judge, who dealt with the matter, according to us, correctly held that the change-over switch does not attract clause 16.9 which envisages dishonest extraction, consumption or - 3 - use of electricity. Learned Judge found that since the sanctioned load was 20 KW and the connected load was less than 20 KW i.e. 19 KW, billing for the relevant period at the rate of 19 KW for each connection is not justified and at the same time taking of steps for excess consumption as regards the sanctioned load of 5 KW connection is justified. When the connected load was found as a fact as mentioned above, there was nothing on record to suggest utilization of supply through one connection for the connected load of all the connections at a time and accordingly, we find hardly any scope for interference in this appeal. Accordingly, the appeal is devoid of merit and is dismissed. (Barin Ghosh,J.) (Jayanandan Singh,J.) Patna High Court 30th June, 2008 N.A.F.R./Pradeep