IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.40 of 2009 Smt.Pato Devi, wife of Sri Dhananjay Mandal, Resident of Mohalla Ghuranpur Baba Chowk, R.B.S.R. Road, Khanjarpur, P.S. Tilkamanjhi District-Bhagalpur ……………. Petitioner Versus 1. The Bihar State Electricity Board through its Chairman, Vidyut Bhawan, Bailey Road, Patna-1. 2. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna-1. 3. Special Task Force, Patna State Electricity Board, Patna-1. 4. General Manager-cum- Chief Engineer, Bhagalpur Electricity Board Area, Bhagalpur 5. Electrical Superintending Engineer, Bhagalpur Supply Division (Urban), Bhagalpur 6. The Executive Engineer (Urban) Electric Supply Division, Bhagalpur ……………… Respondents ----------- For the petitioner:- Mr. Vivekanand Vivek, Advocate For the BSE Board:- Mr. Prakash Kumar, Advocate ----------- 4. 24.3.2009 Heard learned counsels for the parties. The petitioner has come to this Court for quashing the inspection report dated 25.9.2008 as well as the letter No. 1242 dated 18.10.2008 and the bill dated 9.12.2008 as contained in Annexure A to the counter affidavit and Annexures 1 and 6 to the writ petition respectively issued by the Electrical Executive Engineer, Bhagalpur. The grievance of the petitioner is that the inspection report was not supplied to him as per the requirements of the Bihar Electricity Supply Code when the inspection of the premises was made by Special Task Force on 25.9.2008. The further grievance is that the letter dated 18.10.2008 enclosing punitive bill for Rs. 3,74,439.16 has been issued without issuance of the order of provisional assessment by the Assessing officer as per the requirement of the Bihar Electric Supply Code. Learned counsel also 2 points out the clear arithmetical error contained in the inspection report dated 25.9.2008 in column-A containing the details of the lighting loads in the premises, wherein 21 numbers of 10 watt lamp has been shown as total 2100 watt instead of 210 watts, which rectification alone will take the petitioner’s connected load under 19 Kilo Watt which is his sanctioned load. In the counter affidavit filed on behalf of the Board, it is not denied that no provisional assessment order has been passed and served upon the petitioner to enable him to file his specific objection with regard to the same. In the above circumstances, the writ application is allowed. The impugned letter dated 18.10.2008 (Annexure-1) and the punitive bill dated 29.10.2008 (Annexure-6) are both quashed and it is also held that the inspection report, in so far as it relates to load of 2100 watts instead of 210 watts as pointed out above, is also incorrect at least to that extent. This Court does not express any view on the remaining part of the inspection report. It is directed that the competent Assessing Officer of the Board shall pass a provisional assessment order and serve a copy of the same upon the petitioner to enable him to file objection to the same and thereafter the matter shall proceed in accordance with the provisions of the Electricity Act, 2003 and the Bihar Electricity Supply Code, 2007. It is made clear that no further payment shall be demanded from the petitioner until passing of the final assessment order, subject to any statutory appeal that may be filed. 3 It is also directed that if, as appears most likely, it is found that the connected load of the petitioner did not exceed the sanctioned load then the authorities of the Board shall adjust the already paid amount by the petitioner in their future bills. S. Pandey (Ramesh Kumar Datta, J.)