IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11313 of 2011 1. M/S DHANKUNWAR COLD STORAGE PVT.LTD. THROUGH ITS MD SATENDRA KUMAR, NASRIGANJ. 2. MR SATENDRA KUMAR , KABRISTHAN GALI, JITENDRA POULTRY FARM, NASRIGANJ, POST OFFICE DIGHA, POLICE STATION DANAPUR, PATNA. VERSUS 1. THE BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN, VIDYUT BHAWAN, PATNA 2. THE EXECUTIVE ENGINEERING (ELECTRICAL) STF, BSEB, PATNA 3. THE EXECUTIVE ENGINEERING ELECTRICAL, SUPPLY DIVISION, DANAPUR, BSEB 4. THE ASSTT ENGINEER ELECTRICAL, STF, BSEB PATNA 5. THE ASSTT ENGINEER ELECTRICAL SUPPLY DIVISION, DANAPUR, BSEB 6. PESU, PATNA THROUGH ITS MD 7. THE ASSTT ENGINEER ELECTRICAL, WEST CIRCLE, PESU, PATNA 8. THE ASSTT ENGINEER ELECTRICAL, MRT, PSEU, PATNA. ----------- 2. 22.07.2011. It appears there is wrong mentioning of party name in the cause- title of Order sheet dated 13.7.2011. Let the Registry make the necessary correction. The petitioners run a Cold storage in the name of M/S Dhankunwar Cold Storage Pvt. Ltd. situated at Nasriganj, Digha, Police station Danapur, District Patna. It is the case of the respondent-Board that an inspection was conducted by the Special Task Force (STF) of Electricity Board in the premises of the M/S Dhankunwar Cold Storage Pvt. Ltd. In course of inspection, the electric meter was found tampered and theft of energy was committed 2 using hitch methods. Respondents state that competent authorities of the Board conducted raid/enquiry in presence of representatives of the Cold storage and all signed the enquiry report. The petitioners submit that the inspection was not conducted in the fair manner and they had not tampered with the meter. It is further submitted that the respondents have disconnected power supply to the Cold storage on 5.7.2011 in which potatos of farmers worth Rs.5 to 6 crores are stored. In case the power supply to the Cold storage is not restored, then potatos valuing crores would perish. Counter affidavit has been filed by the Electricity Board annexing copy of the FIR and provisional assessment assessing the loss of Rs. 64,71,747/-. Mr Ojha, appearing for the Board submits that the provisional assessment order has been communicated to the petitioners who may file a petition under section 126 of the Electricity Act, 2003, if aggrieved. I appreciate the promptness with which counter affidavit has been filed by the Electricity Board annexing provisional assessment order. This court for the present would not go into the 3 merits of rival submissions of the parties. As potato is a perishable commodity, I direct the respondent-authorities to restore the electric connection to the petitioners’ Cold storage immediately with the condition that (a) petitioners would deposit a sum of Rs.10 lakhs with the Board or unit office by 28.7.2011 and a further sum of Rs. 15 lakh by 2.9.2011 (b) they would continue to pay the current charges and arrears, if any. The writ petition is disposed of in the terms indicated above. Shashi. (Samarendra Pratap Singh, J.)