Patna High Court - Orders
Rita Devi vs The State Of Bihar on 25 November, 2025
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11797 of 2025
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Rita Devi wife of Sanjeev Kumar, Resident of NLI Jawahar Navodaya
Vidyalaya Campus, Dhoom Manikpur Dadri, Dist.- Gautam Budha Nagar,
U.P. 203207, present and permanent resident of Mohalla- Bajrangbali Colony,
Phulwari Sharif, P.S.-Phulwari Sharif, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary Energy Department Government of
Bihar
2. The Managing Director South Bihar Power Holding Distribution Company
Vidhyut Bhawan No.1, Bailey Road (Nehru Path) Patna.
3. The Electrical Executive Engineer SBPDCL PESU (West) Patna.
4. The Assistant Electrical Engineer Revenue cum Assessing Officer SBPDCL
PESU (West) Patna.
5. The Assistant Electrical Engineer Supply SBPDCL, PESU (West) Patna.
6. The Electrical Executive Engineer cum Assessing Officer, Electric Supply
Division, Gardanibagh, SBPDCL, PESU (West) Patna.
7. The Inspecting Team of SBPDCL, PESU (West) Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Binay Kumar
For the Respondent/s : Mr. Addl. Advocate General (13)
: Ms. Anjanaya Singh, Ac to Aag13
For the BSEB : Mrs. Nivedita Nirvikar, Sr. Adv.
: Mr. Shashank Shekhar, Adv.
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 25-11-20251. The present writ petition has been filed seeking direction upon the respondent for restoration/reconnection of the electric line supply of the petitioner's Meter no. LT8013962 of 10 KVA connection which was disconnected pursuant to an inspection conducted on 31.05.2025 by the Special Task Force of the Electricity Department alleging unauthorized abstraction of electricity.
2. Further an Interlocutory Application has been filed by Patna High Court CWJC No.11797 of 2025(5) dt.25-11-2025 2/10 the petitioner seeking amendment of the prayer clause and consequential relief in light of subsequent developments, specifically the passing of the final assessment order dated 27.06.2025, by the Electrical Executive Engineer-cum- Assessing Officer, Electric Supply Division, Gardanibagh, accordingly prayer is for quashing of the aforesaid final assessment order.
3. Taking into consideration the nature of the prayer made in the I.A., the same is allowed, and the amendment in the prayer portion as sought shall form part of the main writ petition.
4. The Brief facts giving rise to the present writ petition is that The petitioner is the proprietor of Hotel Dream, operating with a commercial electricity connection bearing Meter No. LT8013962 of 10 KVA load. It is stated that a separate domestic electricity connection bearing Consumer No. 100680318 / Meter No. GP7547574 (1 KW) was also installed in the residential portion of the premises, standing in the name of the petitioner's father-in-law Shravan Kumar.
5. On 31.05.2025, an inspection was conducted by the STF, and it was alleged that the domestic connection was used to bypass supply for commercial usage. Based on the inspection Patna High Court CWJC No.11797 of 2025(5) dt.25-11-2025 3/10 report, the respondent authorities disconnected the commercial supply and issued a provisional assessment order assessing Rs. 18,66,806/-, An FIR was also lodged against the petitioner's father-in-law Shravan Kumar under Section 135 of the Electricity Act.
6. Learned counsel for the petitioner submits that the entire allegation of alleged theft of electricity, as reflected from the FIR as well as the inspection-cum-seizure report, is directed only against Shravan Kumar, who is the holder of the domestic connection, and not against the petitioner, in whose name the commercial connection stands.
7. Learned counsel further submits that a separate commercial electricity connection of three phases was duly obtained by the proprietor of Hotel Dream, bearing Consumer Account No. CA102393071, Category NDS-II(D), Meter No. LT8013962, with a sanctioned load of 10 kW, exclusively for commercial use of the hotel. It is submitted that the petitioner has been regularly paying the electricity consumption bills against the said commercial connection, which clearly establishes lawful usage of electricity for running the hotel business,which would be evident from Annexure-P/4 series placed on record.
Patna High Court CWJC No.11797 of 2025(5) dt.25-11-2025 4/10
8. Learned counsel further submits that the petitioner was never served with any notice nor she was afforded with the opportunity of hearing prior to issuance of the provisional or final assessment. The notice dated 02.06.2025 under Section 126(2) of the Electricity Act was issued in the name of Shravan Kumar and not the petitioner, though the commercial connection stands in her name and she is adversely affected by the passing of the assessment order inasmuch as that her electrical connection was disconnected.
9. Learned counsel for the petitioner next submits that the petitioner filed a detailed application dated 09.06.2025 before the Electrical Executive Engineer-cum-Assessing Officer, Electric Supply Division, Gardanibagh, Anisabad, Patna, requesting restoration of the commercial electricity line of Hotel Dream bearing CA No. 102393071, which, according to the petitioner, had been wrongly and illegally disconnected behind her back without issuance of any notice or opportunity of hearing. However, despite such written request, the said application has not been considered till date, and the respondents have arbitrarily refused to restore the electricity supply of the petitioner's hotel, thereby aggravating the financial loss and hardship suffered by the petitioner. Patna High Court CWJC No.11797 of 2025(5) dt.25-11-2025 5/10
10. Learned counsel for the respondent/SBPDCL submits that the writ petition is not maintainable as the petitioner has an alternate and efficacious statutory remedy of appeal under Section 127 of the Electricity Act, 2003.
11. He further submits that a raiding team of STF conducted an inspection on 31.05.2025 at the premises of Hotel Dream, where it was discovered that electrical appliances including ACs, fans and lighting equipment belonging to the hotel were being operated by bypassing the domestic meter of Shravan Kumar using illegal jumper wiring before the meter, thereby suppressing actual consumption and causing substantial financial loss to the Electricity Department. Thus both Shravan Kumar and the proprietor of Hotel Dream Smt. Rita Devi, that is the Petitioner, was found jointly indulged in theft of electricity.
12. It is further submitted that a notice dated 02.06.2025 was issued as required under Section 126(2) providing adequate opportunity to file objections; and objections dated 09.06.2025 and 12.06.2025 were duly considered by the Assessing Officer. Thereafter, provisional assessment was issued and final assessment order dated 27.06.2025 was passed assessing a loss of ₹18,66,806/-, copies of which were duly served on the petitioner.
Patna High Court CWJC No.11797 of 2025(5) dt.25-11-2025 6/10
13. Learned Counsel for the respondent/SBPDCL further submits that the petitioner's plea of non-service of notice and denial of hearing is false and misleading, as both parties were heard and opportunity to present objections was duly afforded. The allegation that the theft pertains only to Shravan Kumar is incorrect since the inspection report shows that the energy was consumed by equipment of Hotel Dream, proving direct involvement of the petitioner, as the seized wires, jumpers and MCBs clearly demonstrate illegal diversion.
14. Learned counsel for the respondent further submits that both the consumers were found indulging in theft of electricity, namely Shravan Kumar, who is the father-in-law, and Smt. Rita Devi, the present petitioner and proprietor of Hotel Dream, who is the daughter-in-law. It is submitted that both, in connivance with each other, had engaged in unauthorised abstraction of electrical energy.
15. Learned counsel for the respondent submits that during the course of inspection, aforesaid both consumers were found indulged in doing theft of electricity (combined connected load found 25.86 KW against sanction demand - 1 KW and 10 KW respectively) by directly bypassing the service wire of CA No. 100680318 (DS Category) into both the premises of DS Patna High Court CWJC No.11797 of 2025(5) dt.25-11-2025 7/10 100680318 and NDS 102393071. The whole premises of DS and NDS were found to be used as commercial i.e. NDS- Business. The Hotel Dream appliances were found to be run by utilising electrical energy through wire bypassing service wire inside their premises i.e. reception, kitchen, rooms etc. There was no place in the building (except two rooms of ground floor shop having separate commercial connections).
16. I have heard learned counsel for the parties and perused the materials available on record.
17. From careful perusal of the materials available on record including Inspection report as well as Final assessment order it appears that the allegation of unauthorised use and theft of electricity is not limited to Shravan Kumar but is attributed directly to the petitioner as proprietor of Hotel Dream, the establishment where the diverted electricity was being utilised. The inspection report clearly notes that the electrical appliances of Hotel Dream were found operating through an illegal bypassed connection, and that the hotel was the principal load centre and beneficiary.
18. Further, this Court notes the submission advanced by the learned counsel for the respondent-SBPDCL by placing reliance on the counter affidavit that during inspection and at the Patna High Court CWJC No.11797 of 2025(5) dt.25-11-2025 8/10 time of lodging of the FIR, it was detected that theft of electric energy was being utilised by Hotel Dream, to run hotel equipment including ACs, fans, bulbs etc. It is also clarified that at the time of inspection, the proprietor's identity was not known and hence only the name "Hotel Dream" was mentioned in the FIR, which does not dilute the allegation given that the hotel was the direct and principal beneficiary and since the petitioner's hotel was found indulging in unauthorised use of energy, the meter of Hotel Dream was disconnected and removed.
19. Further from perusal of the final assessment order under Section 126, it would be evident that the names of both individuals namely Shravan Kumar and the present petitioner, proprietor of Hotel Dream have been specifically recorded as persons found indulging in unauthorised consumption of energy. The record further demonstrates that the petitioner herself has admitted filing an application dated 09.06.2025 before the Assessing Officer seeking redressal regarding disconnection. The final assessment order expressly records the receipt and consideration of objections dated 09.06.2025 and 12.06.2025 filed by the petitioner/consumer before issuance of the final assessment order dated 27.06.2025. Therefore, the argument that Patna High Court CWJC No.11797 of 2025(5) dt.25-11-2025 9/10 no opportunity of hearing was afforded cannot be accepted.
20. In view of the above factual position, this Court cannot accept the submission that the petitioner is a stranger to the assessment proceedings or that the disconnection is illegal merely because the assessment initially mentions Shravan Kumar. The petitioner's hotel was the primary beneficiary of the unauthorised use of electricity, and therefore the disconnection cannot be said to be without authority. Furthermore, the petitioner ( being the proprietor of Hotel Dream) is the daughter in law of Shravan Kumar.
21. However, taking into consideration the overall factual circumstances and the statutory framework under the Electricity Act, 2003, this Court deems it appropriate to relegate the petitioner to the statutory remedy of appeal available under Section 127 of the Act.
22. However, the disconnection of electricity to a running commercial establishment, resulting in its closure, entails severe financial losses and hence in the balance of interest this court deems it appropriate to pass following directions -
(i) If the petitioner deposits 50% of the assessed amount against the final assessment order dated 27.06.2025 within two weeks, the respondents shall restore the Patna High Court CWJC No.11797 of 2025(5) dt.25-11-2025 10/10 electricity connection of the petitioner's Hotel Dream forthwith. It is made clear that if such deposit is not made within the stipulated period, no direction for restoration shall operate and the disconnection shall continue.
(ii) If the petitioner fails to file the appeal within 4 weeks, the electricity connection shall discontinue.
(iii) Upon filing of the appeal, the Appellate Authority shall decide the same on its own merits, in accordance with law, after granting due opportunity of hearing to all concerned, preferably within a period of 03 months from the date of filing.
(iv) The restoration granted in terms of this order shall remain subject to the final outcome of the appeal and further compliance of any direction issued by the Appellate Authority.
23. With the aforesaid observation and directions, the present writ application stands disposed.
(Anil Kumar Sinha, J) HarshPandey/-
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