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Jharkhand High Court · body

2012 DIGILAW 1687 (JHR)

Fr. Barbat Kujur v. Chief Engineer, Jharkhand State Electricity Board

2012-12-06

N.N.TIWARI

body2012
Judgment Heard learned counsel for the parties. 2. The petitioner, who is the Head Master of St. Anne's Boys U.P. School, Samtoli, District-Simdega, is aggrieved by the alleged inflated bills and disconnection of electrical connection of the said school. 3. It has been stated that the usual monthly electricity bill of the school, since the date of installation of connection, was round about Rs.3,000/-per month till August 2010. The bills were regularly paid by the school. Suddenly, an inflated bill of Rs.12,831/-and Rs.13,014/-were served on the petitioner for the month of August 2010 and September 2010. When the petitioner objected against the said bills and requested for issuing proper bill, the respondents, instead, issued bill of Rs.1,51,616/-on 14.07.2011 showing arrears of fifteen months. The respondents thereafter, disconnected the electricity line of the school on 16.8.2011. The petitioner filed representation before the respondents, but the same was not entertained. The petitioner, thereafter, has preferred this writ petition for the relief, as aforementioned. 4. Learned counsel appearing for the petitioner submitted that the school imparts education to the children of extremely poor families. The petitioner had been paying the bill amounts regularly and is always ready and willing to pay the bill amount for actual electrical consumption. The petitioner is an old consumer and according to recent bills, the average amount was around rupees three thousand per month. Even on that basis, the total amount should have been around Rs.45,000/-to 50,000/-, but the arbitrary amount of more than Rs.1,50,000/-has been shown in the last bill served on the petitioner. The petitioner is unable to pay the said inflated amount. 5. Disconnection of the electricity has affected the students' study causing them hardship. It has been submitted that in order to mitigate their suffering electrical connection is required to be restored pending the decision of the department on the petitioner's objection. 6. This writ petition has been opposed by the respondents. It has been stated, inter alia, that the petitioner has got efficacious alternative remedy of filing objection/application before the Vidyut Upbhokta Shikayat Niwaran Forum, which has been constituted for redressal of such grievance. The writ petition is not maintainable in view of the availability of the said alternative remedy as also on other ground on merit. The petitioner's meter was not working for a long period. The writ petition is not maintainable in view of the availability of the said alternative remedy as also on other ground on merit. The petitioner's meter was not working for a long period. Since the meter was defective, the billing was done on the average consumption basis from July, 2010. The bills were sent to the petitioner but the amount was not paid. Ultimately, notice was issued to the petitioner in accordance with law asking them to deposit the amount, but the amount was not deposited. The electrical line was, thereafter, disconnected in accordance with the legal provisions. The amount was assessed on average basis and by applying other prescribed formula. There is no illegality in the assessment and the petitioner is liable to pay the bill amount for restoration of electrical connection. 7. I have heard learned counsel for the parties. 8. The grievance of the petitioner is that the impugned bills are arbitrary and inflated. The petitioner filed objection against the said bills before the departmental authority but the same was not considered and no order was passed and the electrical line of the school was disconnected. 9. Though the respondent-Board has opposed the petitioner's writ petition and supported the bill, nothing has been said regarding the pending representation, filed by the petitioner. 10. If there was any objection against the bills and representation was filed by the petitioner, the respondents should have considered the said objection and passed appropriate order. Admittedly, in the school, large number of children are studying and due to disconnection of electricity of the school, they have been suffering and facing hardship, for their no fault. 11. In course of hearing, the petitioner has asserted that the school is ready to pay the bill on actual consumption basis or any legally assessed amount. Against the arbitrary bills, the petitioner has filed representations but the same are pending before the respondents. They have now taken ground that the petitioner has forum for redressal of such grievance before the Vidyut Upbhokta Shikayat Niwaran Forum. The petitioner is ready to approach the said Forum, but in the meanwhile the student of the school shall be deprived of the electricity, if appropriate order is not passed for restoration of electrical connection of the school till the decision of the said Forum. 12. The petitioner is ready to approach the said Forum, but in the meanwhile the student of the school shall be deprived of the electricity, if appropriate order is not passed for restoration of electrical connection of the school till the decision of the said Forum. 12. Considering the facts and circumstances aforesaid, this writ petition is disposed of giving liberty to the petitioner to approach the Vidyut Upbhokta Shikayat Niwaran Forum for redressal of grievance raised in the writ petition. The said Forum, on receipt of the petitioner's application, shall consider and dispose of the same in accordance with law, preferably within three months. 13. In the meantime, if the petitioner deposits rupees fifty thousand, the respondents shall restore the electrical connection of the school. 14. The said deposit shall be without prejudice to the respective claims and contentions of the parties and shall be subject to the decision of the Vidyut Upbhokta Shikayat Niwaran Forum.