IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4944 of 2009 SMT.ASHA DEVI wife of Sri Tulsi Prasad Sinha resident of Mohalla Shahganj Nahar Road, P.O. Mahendru, P.S.Sultanganj,Dist.Patna-petitioner Versus 1.THE BIHAR STATE ELECTRICITY BOARD through its Chairman 2.Chairman, Bihar State Electricity Board,Bailey Road, Patna 3.Chief Electrical Engineer, Bihar State Electricity Board, Patna 4.Executive Engineer, Bihar State Electricity Board, Patna 5.Assessing Officer-cum-Electrical Assistant Engineer, Supply Division, Gaighat, Patna 6.Assistant Electrical Engineer, Rajendra Nagar Patna-----------------------------respondents ----------- For the petitioner :M/S Pramod Kumar,Ritesh Kumar For the Electricity Board:Mr.Anand K.Ojha ---- 2. 18.4.2009 Heard learned counsel for the petitioner and learned counsel for the Bihar State Electricity Board. The petitioner seeks quashing of the notice dated 27.3.2009 issued by respondent no.5, Assessing Officer-cum-Electrical Assistant Engineer, Supply Division, Gaighat, Patna and further consequential reliefs. The short facts of this case are that both the commercial and residential premises of the petitioner were inspected by the STF team of the Electricity Board and the connected load for the commercial NDS II category connection was found to be 10 KW although the sanctioned load was only 2 4 KW. On the basis of the said excess load found an amount of Rs.2,49,312/- has been determined under Section 126 of the Electricity Act by the impugned order dated 27.3.2009 (Annexure-6) and the petitioner has been directed to file any objection against the same within fifteen days. Aggrieved by the same the petitioner has approached this Court. Learned counsel for the petitioner submits that the inspection was made suddenly in the afternoon on 27.3.2009 and only the petitioner was present at the house and she being a deaf and dumb lady did not understand the consequences and under threat/coercion she had signed the inspection report. It is further submitted that several representations were filed by the petitioner before various authorities of the Board including before the Chairman of the Board but they have not responded to the same. It is also submitted that if a prayer for re-inspection of the premises was made and if the same is made the load would be found within the sanctioned load. It is also the contention of the learned counsel that there was no occasion for keeping 3 with her eight electric irons in the premises and they were of no use. Learned counsel for the Electricity Board, on the other hand, submits that the amount has been raised in accordance with the provisions of the Electricity Act and the Bihar Electricity Supply Code, 2007 and the petitioner has been given an opportunity of filing objection against the same but no objection has been filed till date. On a consideration of the aforesaid submissions, this Court does not find any illegality in the making of sudden inspection by the STF team of the Electricity Board in the premises of the petitioner. In the nature of things such an inspection cannot be made after due information to the consumer concerned because the very purpose of such inspection is to detect the actual connected load at a particular point of time. The petitioner has also signed as the consumer upon the inspection report without any objection to the same. Thus, it cannot be said that what has been found in the said inspection report is untrue. This Court, however, finds that the order dated 27.3.2009 is not a proper provisional 4 assessment order as is required under Section 126 of the Electricity Act and the corresponding provisions of the Bihar Electricity Supply Code since only a final figure has been given there and not as to how the said figure has been arrived at. In the said circumstances, the order dated 27.3.2009 (Annexure-6) is quashed and the respondent no.5, Assessing Officer-cum-Electrical Assistant Engineer, Supply Division, Gaighat, Patna is directed to issue a provisional assessment order indicating how the amount has been arrived at. Thereafter the petitioner shall have the right to file an objection against the same and the matter shall proceed in accordance with the provisions of the Electricity Act and the Supply Code. The writ application is, accordingly, disposed of with the aforesaid direction. Let a copy of this order be handed over to the learned counsel for the Electricity Board. (Ramesh Kumar Datta,J.) spal/