SHAHEEN PERWEEN Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) Heard Sri Prabhat Kumar, learned counsel for the petitioner, learned AC to GA No. 5 as well as Sri Anand Kumar Ojha, learned counsel who has appeared on behalf of the respondent Nos. 2 to 6/Bihar State Power Holding Corporation.

(2.) The petitioner invoking writ jurisdiction of this court under Article 226 of the Constitution of India has prayed for directing the respondents to restore the electric connection of the petitioner and further prayer has been made to direct the respondents to comply the order dated 30.9.2014 passed by the Additional Collector, Patna in Electricity Appeal Case No. 61 of 2014.

(3.) Short fact of the case is that on an allegation of theft of electricity a case was instituted against the petitioner vide Patna City (Sultanganj) P.S. Case No. 53 of 2014 registered under Sections 135/138 of the Electricity Act, 2003. At the same time electricity supply was disconnected and assessment order was passed. Against the assessment order the petitioner preferred an appeal vide Electricity Appeal Case No. 61 of 2014 before the Additional Collector, Patna, which was allowed and the Additional Collector, Patna after setting aside the assessment order remitted back the matter to the assessing authority to pass order afresh. It has been complained by learned counsel for the petitioner that despite the fact that order was passed long back in the month of September, 2014, till date neither assessing authority has passed order afresh nor electric connection has been restored and as such, a prayer has been made to allow the writ petition directing the respondents to restore the electric connection and pass assessment order afresh.