CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA Vs. SNEHLATA GUPTA, W/O RAVI GUPTA

JUDGEMENT

(1.) Heard learned counsel for the Bihar State Electricity Board (hereinafter referred to as the 'Board') and the learned counsel for the respondent.

(2.) The erstwhile Bihar State Electricity Board has filed Intra-Court appeal being aggrieved against the judgment dated 26.06.2006 passed by the learned Single Judge in C.W.J.C. No. 2112 of 2006.

(3.) The writ petitioner, who is the sole respondent of this appeal, has a multi storeyed house in one of the bye laws at Chaitola- Kadamkuan, District -Patna. She and her husband being not available at Patna because of sad demise of her mother, the house was locked. Allegedly, inspection was conducted by Officers of the Board on 16.01.2006. The inspection report was signed by one Pinku. Subsequently based on the aforesaid inspection which found the connected load to be about 14 K.W. as against sanctioned load of 4 K.W., the bill dated 25.01.2006 was served upon the writ petitioner being supplementary bill and also demand for enhanced security. Petitioner had challenged this before the Writ Court. It appears that the Writ Court directed the Board that immediately premises be inspected in presence of the consumer and the findings thereof be indicated in the counter affidavit. Pursuant to the inspection in presence of the consumer on 11.03.2006, a report was drawn up by the authorities and submitted to the Court, which is Annexure A to the counter affidavit of the Board filed in the writ proceedings which shows that this time the total load was found only 7 K.W. The second inspection was conducted on 11.03.2006. The learned Single Judge on the basis of second inspection, that was conducted, directed the bill to be revised on the basis of load found on 7 K.W. The Court also held that merely because in a small part of the house tenants have been found, being students, the house cannot be said to be non-residential house because they are also using the premises as residential. Being aggrieved, the erstwhile electricity Board had filed this Intra-Court appeal.