IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11774 of 2008 M/S DINA METALS LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT ABDUL RAHAMANPUR ROAD, DIDARGUNJ, P.O. P.S. & DIST. PATNA, THROUGH ITS ONE OF MANAGER MR. ANAND KUMAR SINHA, SON OF LATE S.N. PRASAD, RESIDENT RAMKRISHNA NAGAR P.O. NEW JAGANPURA P.S. RAMKRISHNA NAGAR DIST. PATNA (BIHAR). … PETITIONER. Versus 1. THE BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. THROUGH ITS CHAIRMAN OFFICIATING AT VIDYUT BHAWAN, BAILEY ROAD, PATNA. 2. THE DIRECTOR GENERAL OF VIGILANCE, BIHAR STATE ELECTRICITY BOARD, PATNA. 3. THE GENERAL MANAGER CUM CHIEF ENGINEER, PATNA ELECTRIC SUPPLY UNDERTAKING, MANGLES ROAD, PATNA. 4. THE ELECTRICAL EXECUTIVE ENGINEER (SUPPLY), PATNA CITY. 5. THE ELECTRICAL EXECUTIVE ENGINEER (VIGILANCE) BIHAR STATE ELECTRICITY BOARD, PATNA. 6. THE DEPUTY SUPERINTENDENT OF VIGILANCE, BIHAR STATE ELECTRICITY BOARD, PATNA. 7. THE ASSISTANT ELECTRICAL ENGINEER ELECTRIC SUPPLY SUB-DIVISION, KATRA, P.O. PATNA CITY, P.S. MALSALAMI, DIST. PATNA. 8. THE ASSISTANT ELECTRIAL ENGINEER (MRT II), PATNA ELECTRIC SUPPLY UNDERTAKING (EAST), PATNA. … RESPONDENTS. ----------- 5. 06.01.2011 Heard learned counsel for the petitioner and the counsel for the Bihar State Electricity Board (hereinafter referred to as the ‘Board’) and the Vigilance Department of the State Government. 2. Petitioner is a high tension consumer of the Board. Its premises was inspected on 22.4.2008 by the authorities of the Board when the seal of the meter was found intact but the meter was not found displaying reading about the power consumed. The meter was accordingly, replaced on 7.5.2008 and the old meter was sent for testing about the nature of 2 defect in the meter as to whether the meter was defective mechanically or tampered by the consumer. The present writ petition has been filed asserting that testing of the meter should have been done in a testing lab of the choice of the petitioner. In support of such submission, reliance is placed on the orders of this Court dated 3.12.2010 passed in C.W.J.C. No. 14672 of 2008. 3. Having heard counsel for the parties, I direct that the meter in question withdrawn from the premises of the petitioner on 7.5.2008 be sent to the laboratory of the choice of the petitioner i.e. National Physical Laboratory, Delhi for testing and identifying the defect as to whether it was mechanically defective or tampered with by the consumer. In the light of the report of the Testing Lab, Delhi the Assessing Officer will take further steps in accordance with law and if any provisional bill is raised petitioner shall pay 50% amount thereof and file his objection which shall be considered and final order be passed within two months from the date of receipt of the objection. 4. The writ petition is, accordingly, disposed of. Ibrar/- ( V.N. Sinha, J.)