IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2154 of 2009 BIRJU SAO, S/O LATE CHATHU SAO, R/O VILLAGE- BELA, P.S- BIHTA, DISTRICT- PATNA. ……….PETITIONER. Versus 1. THE CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, PATNA. 2. THE SECRETARY, BIHAR STATE ELECTRICITY BOARD, PATNA. 3. THE JOINT SECRETARY, BIHAR STATE ELECTRICITY BOARD, PATNA. 4. THE GENERAL MANAGER, CUM CHIEF ENGINEER, CENTRAL ELECTRIC SUPPLY AREA, PATNA. 5. THE ELECTRICAL SUPERINTENDING ENGINEER, PATNA ELECTRICAL CIRCLE, PATNA. 6. THE ASSISTANT ELECTRICAL ENGINEER, MANER, PATNA. …….RESPONDENTS. ----------- For the petitioner : M/s Ranjeet Kumar and Dilip Kumar, Advocates. For the Electricity Board : Mr. Vinay Kirti Singh, Advocate. -------- 07/ 27.09.2010 Heard learned counsel for the petitioner and learned counsel for the Bihar State Electricity Board and its authorities. 2. This writ petition has been filed by the petitioner challenging the electricity bill charged by the respondents for the petitioner Flour Mill situated at Village- Bela, P.S- Bihta, District- Patna. 3. Learned counsel for the petitioner submits that in the month of May-2007, the dues was only Rs. 31,249/- and in the month of June-2007, it was raised to Rs. 91,574/-, which was gradually enhanced up to Rs.1,28,263/- in May-2008 as per the bill annexed at Page-25 of the writ petition. Learned counsel for the petitioner further submits that in October-2008 i.e four months thereafter, the authorities assessed the loss to - 2 - the department to the tune of Rs.1,88,000/- besides the aforesaid dues, due to the allegation of theft of electricity. 4. It is also argued by learned counsel for the petitioner that with regard to the allegation of theft of electricity an FIR was lodged against the petitioner in which anticipatory bail was granted to the petitioner subject to payment of dues by installments of Rs. 15,000/- per month, which the petitioner claims that he has been depositing. Learned counsel for the petitioner further submits that from the letter sent by the petitioner, annexed at Page-18 of the petitioner’s supplementary affidavit, it is quite apparent that the petitioner was ready to pay the bill in the year-2005 but the authorities delayed the matter. He further states that the petitioner has filed an application dated 17.01.2009(Annexure- 5 to supplementary affidavit), before the Assessing Officer namely Assistant Electrical Engineer, Bihta, under the provision of Section-126 (3) of the Electricity Act – 2003, but the same is not disposed of till date. 5. Considering the aforesaid facts and circumstances of this case as well as the pleadings of the parties and the materials produced by them, it is quite apparent that the said application U/s 126(3) of the Act is pending before the appropriate authority, and has not yet been disposed of, although twenty months have elapsed. 6. In the said circumstances, this writ petition is disposed of with a direction to the Assessing Officer - 3 - mentioned above to dispose of the said application within two months from the date of receipt/production of a copy of this order along with a fresh copy of the said application which has to be done/filed by the petitioner within fifteen days from today. Ranjan (S.N. Hussain, J.)