IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3392 of 2010 1. RAJESH KR. KOCHGAWAY, DIRECTOR, M/S SRI OM SCAN CENTRE S/O LATE SHASHI BHUSHAN KOCHGAWAY R/O MOHALLA- RAJENDRA NAGAR, ROAD NO.-2, P.S.- KADAMKUAN, DISTT.- PATNA Versus 1. THE BIHAR STATE ELECTRICITY BOARD, THROUGH THE CHAIRMAN, VIDYUT BHAWAN, BELLEY ROAD, PATNA null null 2. THE SECRETARY, BIHAR STATE ELECTRICITY BOARD, BELLEY ROAD, PATNA 3. THE FINANCIAL CONTROLLER (REV.) BIHAR STATE ELECTRICITY BOARD, BELLEY ROAD, PATNA 4. THE GENERAL MANAGER-CUM-CHIEF ENGINEER, PESU, BELLEY ROAD, PATNA 5. THE ELECTRICAL SUPERINTENDING ENGINEER, PESU (E), PATNA 6. THE ELECTRICAL EXECUTIVE ENGINEER, ELECTRIC SUPPLY SUB-DIVISION, RAJENDRA NAGAR, PATNA 7. THE ASSTT. ELECTRICAL ENGINEER, ELECTRIC SUPPLY SUB-DIVISION, RAJENDRA NAGAR, PATNA ----------- 2 19.4.2010 Petitioners premises were inspected on 10.2.2009 by Assistant Electrical Engineer, Rajendra Nagar-cum-Assessing Officer, Patna. A provisional assessment of punitive bill was made and served upon him and an FIR was also lodged claiming punitive amount of Rs. 10.53 lacs. Petitioner was given opportunity to object where- after final assessment was made. Petitioner then prayed for fixing instalments and he was given ten equal installments to pay the amount. As he was apprehending arrest, he moved the Sessions Court for anticipatory bail, which was granted on condition of payment of Rupees one lakh, which he paid. He then came to this Court. In those proceedings before this Court, this Court clarified that amount paid pursuant to order of learned Sessions Judge would be - 2 - taken into account for calculating 50%, which is required amount to be paid for re-connection. By then, petitioner paid three installments as well and the line was connected but demand stood against him. Petitioner says that pursuant to order of this Court, he has filed a statutory appeal in terms of Section 127 of the Electricity Act, 2003 but the same is not being taken up only to facilitate the Board to recover the entire amount. Without going into the allegation and counter allegation, I direct the appellate authority constituted under Section 127 of the Act, who also, as informed, happens to be the Executive Engineer-cum- Electric Inspector, Energy Department, Govt. of Bihar, to take up the matter and dispose of the same at the earliest preferably within three months from the date of production of a copy of this order before him. It appears that when appeal was to be filed, the appellate authority was not duly notified. This Court feels that the appeal originally filed was totally misdirected to a wrong authority probably before the Regulatory Commission. Be that as it may, if petitioner files an appeal within fifteen days from today along with a copy of this order and receipt showing payment of part of the punitive bill , the appeal would be entertained on merit and decided within three months, as above. With the aforesaid observations and directions, the writ petition stands disposed of. singh (Navaniti Prasad Singh,J) - 3 -