IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13852 of 2010 Rajiv Kumar Gupta, S/o Sri Bishnu Prasad Gupta, R/O Vill.- Urdu Bazak, P.S.- Tatarpur, Distt.- Bhagalpur Versus 1. The Bihar State Electricity Board, Patna Through Its Chairman. 2. The Chairman Bihar State Electricity Board, Vidyut Bhawan, Patna 3. The Executive Engineer Bihar State Electricity Board, Bhagalpur Division, Bhagalpur. 4. The Assistant Electrical Engineer, Mojahidpur Division, Bhagalpur. For the petitioner : Mr. Shailendra Kumar Jha, Advocate. For the Respondents : Mr. Prakash Kumar, Advocate. ----------- 4. 16.11.2010 1. Heard learned counsel for the petitioner and learned counsel for respondent-Bihar State Electricity Board, Patna and its authorities. 2. The petitioner has sought direction to the respondents to recall order of assessment according to which a fine of Rs. 6, 13,200/- has been imposed for theft of electricity and accordingly an F.I.R. has been lodged. 3. It transpires that the petitioner filed a Cr. Misc. No. 22876 of 2010 in this court for anticipatory bail in the aforesaid criminal case and his prayer for anticipatory bail was allowed by a Bench of this Court on 25.08.2010 (Annexure-4 to the I.A. No. 8675 of 2010) on the condition that the petitioner shall deposit fine amount of 6, 13,200/- in 20 equal monthly instalments either by bank draft or by cash in favour of the Electricity Department subject to the result of the case. The petitioner submits that in compliance of the said order, he is depositing the monthly instalments regularly. 4. Considering the entire facts and circumstances of 2 the case Part XII of the Electricity Act, 2003 with regard to investigation and enforcement provides Section 126 with regard to assessment. In the said circumstances, the petitioner has filed an application before the Assessing Authority (Respondent no. 4) on 31.07.2010 (Annexure-3), which is still pending. It further transpires that when no action was taken by the authority concerned, the petitioner again filed an application on 20.09.2010 (Annexure-5 to the reply of the counter affidavit), but even then no step has been taken by the authority concerned. 5. In the aforesaid circumstances, this writ petition is disposed of with a direction to Respondent no. 4, Assessing Authority to dispose of the applications of the petitioner in accordance with law expeditiously preferably within a period of one month. 6. It may be noted that the petitioner shall go on depositing the instalments as per the aforesaid order of Bench of this Court dated 25.08.2010 (Annexure-4 to the I.A. No. 8675 of 2010) passed in Cr. Misc. No. 22876 of 2010 until the aforesaid amount of Rs. 6, 13,200/- or the re-assessed amount which has to be deposited, is fully paid. Sujit (S.N.Hussain,J.)