Patna High Court
Pankaj Kumar And Ors vs The South Bihar Power Distribution ... on 20 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16347 of 2018
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1. Pankaj Kumar Son of Bindeshwari Prasad, Resident of Village- Natwar,
Police Station- Natwar, District- Rohtas.
2. Vishwanath Sah, Son of Late Kisho Sah, Resident of Village- Bithwan,
Police Station- Dawath, District- Rohtas.
3. Chandra Bhushan Mishra, Son of Durga Dutt Mishra, Resident of Village-
Durgadhih, Police Station- Bikramganj, District- Rohtas.
4. Arbind Kumar, Son of Bindeshwari Prasad, Resident of Village- Natwar,
Police Station- Natwar, District- Rohtas.
5. Shekh Sarwase Kaurain @ Kaurain Sarwar, Son of Sheukh Nurulain Ahmad,
Resident of Village- Babhnoul, Police Station- Dawath, District- Rohtas.
6. Chandan Kumar Gupta, Son of Uma Shankar Prasad, Resident of Village-
UDaydihari, Police Station- Bikramganj, District- Rohtas.
7. Prem Kumar Mani, Son of Satya Narayan Singh, Resident of Village-
Sarana, Police Station- Dinara, District- Rohtas.
8. Awadhesh Kumar Singh, Son of Laxman Singh, Resident of Village-
Tenduni Shyam Nagar, Police Station- Bikramganj, District- Rohtas.
9. Arun Kumar, Son of Satish Chandra Choudhary, Resident of Village-
Sanjhauli, Police Station- Sanjhauli, District- Rohtas.
10. Awadhesh Kumar Singh, Son of Ghanshyam Singh, Resident of Village-
Dhawa, Police Station- Bikramganj, District- Rohtas.
11. Saradar Ranjit Singh, Son of Late Saradar Bhagat Singh, Resident of
Village- Kowath, Police Station- Dawath, District- Rohtas.
... ... Petitioner/s
Versus
1. The South Bihar Power Distribution Company Limited Through Director,
Vidyt Bhawan, Bailey Road, Patna.
2. The Managing Director, South Bihar Distribution Company Limited, Vidyut
Bhawan, Bailey Road, Patna.
3. The Finance Controller, South Bihar Distribution Company Limited, Vidyut
Bhawan, Bailey Road, Patna
4. The Chief Engineer, Rural Electrification Patna, South Bihar Distribution
Company Limited, Vidyut Bhawan, Bailey Road, Patna
5. The Electrical Superintending Engineer, Electric Supply Circle, Rohtas.
6. The Electrical Executive Engineer, Electric Supply Division, Bikramganj,
Rohtas.
7. The Assistant Electrical Engineer, Electric Supply Sub-Division,
Bikramganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rang Nath Choubey, Advocate
For the Respondent/s : Mr.Anand Kumar Ojha, Sr. Advocate
Patna High Court CWJC No.16347 of 2018 dt.20-08-2025
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: Mr. Ashok K. Karna, Advocate
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 20-08-2025
1. The Writ petition is filed for the following reliefs:-
"(i) To quash the letter No. 355
dated 31.07.2017 issued under the signature of respondent No. 7 addressed to all Rural Revenue Franchisee (hereinafter referred as R.R.F.) Electric Supply Sub-Division, Bikramganj including the petitioners by which the petitioners have been directed to deposit the revenue collection amount and bills for commission amount within a period of 3 days and after 7 days their agreement will automatically came to end.
(ii) To direct the respondents to allow the petitioners to work as RRF till the date of their agreement in their respective Feeder area allotted to them by the respondents.
(iii) To direct the respondents to not make unnecessary/illegal interference in the smooth functioning of the petitioners as no complain has been made Patna High Court CWJC No.16347 of 2018 dt.20-08-2025 3/5 by any of the consumer against the petitioners.
(iv) For any other relief/reliefs for which the petitioners are found to be entitled in the eye of law."
2. During course of argument, it is specifically contended by the Learned Senior counsel, Mr. Anand Kumar Ojha, for the respondents that as per the notification dated 02.08.2012 (Annexure-2) at point No. 32, there is specific clause for Resolution of Disputes which reads as follows:-
"32. Resolution of disputes:
I) Electrical Executive Engineer, Electric Supply Division of the area shall be Despite Resolution Officer who will resolve the all the disputes of the Rural revenue Franchisee, within thirty days after the receipt of the petition of the Rural Revenue Franchisee disputing any issue concerning his operation or service bills.
II) Electrical Superintending Engineer, Electric Supply Circle will be the Patna High Court CWJC No.16347 of 2018 dt.20-08-2025 4/5 Appellate Authority who will settle the appeal against any decision delivered by the Electrical Ex. Engineer, Electric Supply Division of the area in the matter of such disputes."
3. It is the specific contention of the Learned Senior counsel for the respondents that without availing the alternative remedy, the present Writ petition is filed, therefore, prayed to dismiss the Writ petition.
4. Taking into consideration that the petitioner has an alternative remedy, the Writ petition is disposed of with a direction to file an application before the authority i.e. the Electrical Executive Engineer within one month from the date of receipt of copy of this order along with all the relevant documents for redressal of his grievances and in turn the Electrical Executive Engineer shall pass appropriate order as expeditiously as possible within two months from the date of filing of such application.
Patna High Court CWJC No.16347 of 2018 dt.20-08-2025 5/5
5. With the above said observation, the Writ petition shall stand disposed of.
6. Interlocutory Application(s), if any, shall also disposed of.
(G. Anupama Chakravarthy, J) amitkr/-
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