IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4351 of 2009 Ram Sakal Singh Yadav, son of Late Bhimsen Singh Yadav, resident of Ballmichak, P.O. Anisabad, P.S. Phulwarisharif, District-Patna-800 002 ……………………………. Petitioner Versus 1. The Bihar State Electricity Board, Vidyut Bhawan, Baily Road, Patna through its Chairman officiating at Vidyut Bhawan, P.O. GPO, P.S. Kotwali, Baily Road, Patna-800 001 2. The General Manager-cum-Chief Engineer, P;atna Electric Supply Undertaking, Mangles Road, Patna 3. The Electrical Superintending Engineer, PESU (West), Mangles Road, Patna – 800001 4. The Electrical Executive Engineer, Special Task Force, Bihar State Electricity Board, Vidyut Bhawan, Baily Road, Patna-800001 5. The Electrical Executive Engineer, Gardanibagh Electricity Supply Division, Babu Bazar, Gardanibagh, Patna 800001 6. The Assistant Electric Engineer®, Gardanibagh Electric Supply Division, Babu Bazar, Gardanibagh, Patna-800 001 7. The Assistant Electric Engineer, Electric Supply Sub-division, Gardanibagh, Babu Bazar, Patna 800001 8. The Junior Electric Engineer, Electric Supply Section, Anisabad, Patna ………………….. Respondents. ----------- 3. 22.5.2009 The petitioner is aggrieved by the action of the authorities in raising a demand of Rs. 5,66,400.00 without providing any bill and without justifying the alleged demand. Subsequently, however, by way of supplementary affidavit it is stated that provisional assessment order has been served upon the petitioner and thereafter the provisionally assessed bill of Rs. 5,73,478/- has also been served upon him to which he has filed his objections but the same is not being decided by the Assessing officer for reason best known to him. Once the objections have been filed in terms of the provisions of the Bihar Electricity Supply Code, it is incumbent upon the Assessing Officer to pass a final assessment order and he cannot shirk his responsibility for any reason whatsoever. 2 In the above circumstances, the Assessing Officer is directed to pass a final assessment order in accordance with the provisions of the Bihar Electricity Supply Code, 2007. It is stated on affidavit by the petitioner that if his NDS- II electrical connections are restored then he undertakes that the same would be confined to one premises each with respect to two tenants in the market complex. It is submitted by learned counsel for the petitioner that with respect to other shops the petitioner will apply for separate electrical connections. In the above circumstances, since the petitioner has already paid Rs. 2,26,560/- out of the so called loss of Rs. 5,66,400/- mentioned in the FIR, the authorities are directed to restore the two NDS-II electrical connections of the petitioner within a period of one week from today and the petitioner’s liability to pay any further amount shall be subject to the final assessment orders passed by the Assessing Officer and other remedies available to the petitioner under the provisions of the Act and the Supply Code. If the petitioner/his tenants apply for separate electrical connections with respect to each of the other shops, the same shall be considered by the respondents in accordance with law. The writ application is accordingly disposed of with the above observations and directions. S.Pandey (Ramesh Kumar Datta, J.)