IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14721 of 2008 RANJAN KUMAR SON OF LATE ISHWAR CHANDRA PRASAD R/O 13/14 SHIVGANGA APARTMENT MO- NEW CHAUDHARY TOLA, P.S. SULTANGANJ, TOWN- PATNA ………………………….Petitioner Versus 1. THE BIHAR STATE ELECTRICITY BOARD 2. The Chairman, Bihar State Electricity Board, Patna. 3. The Chief Engineer cum General manager, Pesu, Mangles Road, Patna. 4. The Superintendent Engineer, Pesu, Mangles Road, Patna. 5. The Executive Engineer, PESU, Electric Supply, Danapur, Division, Aakashwani Road Khajpura, Patna. 6. The Assistant Engineer, Electric Supply Sub Division- Phulwari/Khagaul. ………………….Respondents ----------- For the Petitioner- Mr. Shivaji Pandey, Sr. Adv. Mr. B.D. Tiwary, Adv. For the Respondents- Mr. Vinay Kirti Singh, Adv. ------------- 3. 17.11.2008 Heard learned counsel for the petitioner and Mr. Vinay Kirti Singh learned counsel for the Bihar State Electricity Board. The petitioner has come to this Court on account of illegal disconnection of his electric supply by the respondent Electricity Board Authorities branding the said legal connection as illegal. The aforesaid action was taken by the authorities of the Electricity Board against the petitioner who runs a guest house by the name and style of Gulmohan Guest house @ Gulmohar Market. The petitioner claims to be a regular consumer of the Bihar State Electricity Board on the basis of application made by him and accordingly he was allotted new electric connection being Account No. 347163 on 9.6.2007 and electronic meter was also installed - 2 - thereon. It appears that the Special Task Force of the Board inspected the petitioner said premises on 19.8.2008 and again on 21.8.2008 and took away the sealed electric meter including the connecting wire from the petitioner premises and thereafter treating the connection of the petitioner as illegal lodged an F.I.R. being Phulwari Sharif P. S. Case No. 364 of 2008. Mr. Vinay Kirti Singh learned counsel for the Bihar State Electricity Board upon instruction states that the contention of the petitioner is correct and he is a regular consumer of the Board and his meter was validly installed by the authorities of the Board and due to the fact that the account number was not mentioned on the meter, the authorities of the Electricity Board came to a wrong conclusion that the said connection was illegal. After verification the said conclusion of the authorities of the Board have not been found to be correct. In view of the aforesaid stand of the authorities of the Electricity Board, there does not appear to be any justification for the proceedings against the petitioner either under the provisions of the Electricity Supply Act or in instituting a criminal case against him under Section 135 of the said Act. In the above circumstances, the bills raised by the authorities of the Board on the basis of the alleged allegations are quashed and the F.I.R. being Phulwari Sharif P.S. Case No. 364 of 2008 dated 21.8.2008 is also quashed. It is stated by learned counsels that the electrical connection of the petitioner has already - 3 - been restored, hence no further orders are required to be passed in that regard. The writ application is accordingly allowed. It goes without saying that whatever amount has been deposited by the petitioner pursuant to the aforesaid action of the respondent Board shall be adjusted in his account against his future bills. P. Kumar (Ramesh Kumar Datta, J.)