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Patna High Court - Orders

Maa Sheet Grih (Pvt.)_Ltd. vs Bihar Electricity Regulatory C on 26 April, 2012

Author: Sheema Ali Khan

Bench: Sheema Ali Khan

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.6261 of 2012
                 ======================================================
                 Maa Sheet Grih (Pvt.)_Ltd.
                                                                      .... .... Petitioner/s
                                                   Versus
                 Bihar Electricity Regulatory C
                                                                     .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Shamsher Singh Rekhi
                 For the Respondent/s      : Mr. Vinay Kirti Singh
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN
                 ORAL ORDER


2   26-04-2012

The petitioner is aggrieved with the order as contained in Annexure-2.

Counsel for the Bihar State Electricity Board prays that he may be given time to file a counter affidavit in this case. The total demand against the petitioner is to the tune of Rs. 47,89,233/- which is disputed by the petitioner on the ground that for the said theft of electricity, an F.I.R. was instituted in which final form was submitted and accepted by the Court below. It is, therefore, submitted that the Board cannot proceed with the assessment order under Section 126 Bihar State Electricity Act.

On behalf of the Bihar State Electricity Board, it is submitted that the Board cannot accept the M.R.I. report which was at the behest of the police authorities.

In the aforesaid circumstances, it would be proper for the Court below to obtain the meter and send it for inspection 2 Patna High Court CWJC No.6261 of 2012 (2) dt.26-04-2012 2/2 at a proper place after noticing the petitioenr.

List this case after four weeks.

(Sheema Ali Khan, J.) Sanjay/-