IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4361 of 2001 MADHVENDRA NARAYAN CHAUDHARY Versus BIHAR STATE ELECTRICITY BOARD& ORS ----------- 5. 21.1.2009 Heard counsel for the petitioner. In the opinion of this Court the issue as to whether the petitioner had 3 H.P. connections or had been found to be using load of 7 H.P. is essentially a question of fact. This Court in fact even by ordering for an inspection today of the premises in question of the petitioner, cannot get it determined as to what was the load of the petitioner on an earlier occasion on the basis of which billing had been started against him for a 7 H.P. load. The submission of the counsel for the petitioner that till 1992 there was no dispute when the billing was being made on 3 H.P. and all on a sudden raising of bill was revised on the basis of 7 H.P. load is not clear to this Court. There is no averment in the writ petition that such load was enhanced without any inspection and obviously therefore there could also be no 2 explanation to this aspect in the counter affidavit. That being so, this Court would direct the petitioner to represent his case by filing a compact representation to the Electrical Superintending Engineer, Electric Supply Circle, Purnea (respondent no.2) who after calling for the necessary records from the office of the concerned Assistant Engineer/ Executive Engineer and finding it as to how the load of the petitioner was enhanced from 3 H.P. to 7 H.P. would pass a firm and reasoned order meeting the grievances of the petitioner as stated in his aforementioned compact representation. In the event the Superintending Engineer would find that there was no basis including an inspection report so as to justify enhancement of load from 3 H.P. to 7 H.P., he would direct for preparation of arrear of bill on the basis of 3 H.P. but in the event there is any basis including inspection report showing use of 7 H.P. load by the petitioner, the petitioner would be obliged to pay the entire arrear of bill amount on 3 the basis of 7 H.P. load till the same is reduced to 3 HP load in accordance with rules of the Board. In view of the fact that the power connection of the petitioner has been snapped on account of non-payment of dues, this Court would direct the Superintending Engineer to pass a final order within a period of two months from the date of filing of the compact representation by the petitioner. This application is, accordingly, disposed of. (Mihir Kumar Jha,J.) Surendra/