IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.415 of 2008 1.The Bihar State Electricity Board through its Chairman, Vidyut Bhawan, Bailey Road, Patna Versus 1.Rural Education and Development (READ) through its Director, Fr. Joseph Kariakkatt @ Jose Kariakkatt, Director READ, Resident of READ, K.R. High School, Village Parvatia Tola, P.S. Bettiah Muffasil, District West Champaran. 2.The Director, Rural Education and Development, C/O K.R.High School, Bettiah @ Shri Director, K.R. High School, Chotta Ramana, Bettiah, District West Champaran. 3.Financial Controller – I, Bihar State Electricity Board Vidyut Bhawan, Bailey Road, Patna. 4.Executive Engineer, Bihar State Electricity Board, Bettiah, West Champaran. 5.Asstt. Executive Engineer, Urban Electricity Supply Division Bettiah, West Champaran. 6.The State of Bihar. ----------- For the Appellants :- Mr. Vinay Kirti Singh, Adv. For the Respondents :- Mr. K.M. Joseph, Adv. For the State :- Mr. Anil Kr. Upadhya, S.C. 20 ----------- 05/- 28.06.2011 The present Letters Patent Appeal is filed by the Bihar State Electricity Board against the order dated 27.03.2008 passed in C.W.J.C. No. 3036 of 2003 whereby the order passed by the Financial Controller, Bihar Electricity Board vide Annexure – 13, rejecting the representation filed by the petitioners-respondents herein, was quashed. Aggrieved by the said order this appeal has been filed. The learned Single Judge has observed that issuance of Annexure – 13 is not sustainable because there was no proper regular meter reading was recorded and since there is a common printed form of the bill, at one place the C.S. has been scored out and at other place D.S. has been scored out of which is a clear 2 manifestation of the fact that even the local electricity authorities are not too sure as to the kind of tariff under which the petitioners are being billed. It has further been observed that even though increase rates are prevalent at any point of time but the billing has been made without proper meter reading and also without maintaining proper records. Under the above circumstances, a direction was issued to the Electricity Board to raise the bill in accordance with prevalent tariff treating that in the relevant time no commercial connection was granted to the petitioners-respondents herein. Before this Court also the appellant Board has not produced any material to show that the petitioners-respondents herein was granted any commercial connection. In the absence of such materials, we are of the view that the observation of the learned Single Judge is sustainable and therefore there is no need to interfere with the same. With the above observation this Letters Patent Appeal stands dismissed. Prakash/Praveen ( T. Meena Kumari, J.) ( Akhilesh Chandra, J.)