IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12984 of 2010 MALTI MISHRA, W/O Dr. N.N. MISHRA, R/O SWAMI VIVEKANAND PATH, KUTCHERY CHOWK. P.O.&P.S.- BARARI TOWN, DISTRICT- BHAGALPUR. …………………..PETITIONER. Versus 1. BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA, THROUGH ITS CHAIRMAN. 2. THE GENERAL MANAGER, BIHAR STATE ELECTRICITY BOARD, BHAGALPUR. 3. THE ELECTRICAL SUPERINTENDING ENGINEER, ELECTRIC SUPPLY DIVISION, BHAGALPUR. 4. THE ELECTRICAL EXECUTIVE ENGINEER, ELECTRIC SUPPLY DIVISION (TILKA MANJHI), BHAGALPUR. 5. THE ASSISTANT ELECTRICAL ENGINEER, URBAN ELECTRIC SUPPLY SUB-DIVISION, TILKA MANJHI, BHAGALPUR. ……………….RESPONDENTS. For the petitioner : Mr. Suraj Samdarshi (Advocate) For the respondents : Mr Anand K. Ojha (Advocate) ----------- 2 16-08-2010 Heard learned counsel for the petitioner and learned counsel for the State and its authorities (Respondents no. 1 to 5). 2. This writ petition has been filed challenging order dated 23-7-2010(Annexure-7) by which the Assistant Electrical Engineer, Urban Electric Supply Sub-Division, Tilka Manjhi, Bhagalpur (Respondent No. 5) rejected the objection under section 126 of the Electricity Act, 2003 filed 2 by the petitioner on 5-7-2010 (Annexure-6). 3. After hearing learned counsel for the petitioner and learned counsel for the respondents and after perusal of material on record, it is quite apparent that the impugned order is not a speaking order, although the statute specifically requires that the authority passing such order must consider the objection and various aspects of the matter as provided in law as well as case laws and grant opportunity to the consumer to place his case and only thereafter such an order may be passed. So the impugned order has been passed without considering the aforesaid aspect and without giving any opportunity to the petitioner to press his case. 4. In the said circumstances this court has no option but to quash the said order dated 23-7-2010(Annexure- 7) passed by Assistant Electrical Engineer, Urban Electric Supply Sub-Division, Tilka Manjhi, Bhagalpur (Respondent No. 5). 5. Accordingly, this writ petition is allowed. Both the parties are directed to appear before the said authority namely the said Electrical Engineer, Urban Electric Supply Sub-Diovision, Tilka Manjhi, Bhagalpur (Respondent No. 5) within 15 days from today i.e. by 31st of August, 2010 3 positively, along with a copy of this order. Thereafter the said authority shall fix a date for hearing the parities within one week and after fulfilling all the requirements dispose of the matter positively within two months, i.e. by 30th of October,2010. The dates above fixed are with the consent of the parties and hence none of them shall try to get unnecessary adjournment and delay the proceeding. If anyone of the parties is aggrieved by the said order, he may take recourse to the statutory appeal. S.P. (S. N. Hussain, J)