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2026 DAILYLAW 28860 (PAT)

Sitaram Chaudhary v. The North Bihar Power Distribution Company Ltd.

CWJC/11248/2026 · 2026-08-20

Girijish Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11248 of 2026 ====================================================== 1. Sitaram Chaudhary son of Bhola Chaudhary, resident of Village and P.O. Balwahat, Ward No. 6, Chamram, District - Saharsa. 2. Kush Kumar Chaudhary, son of Sitaram Chaudhary, resident of Village and P.O.-Balwahat, Ward No. 6, Chamram, P.S. Balwahat, District Saharsa. ... ... Petitioner/s Versus 1. The North Bihar Power Distribution Company Ltd. Vidyut Bhawan Near Income Tax Circle, Bailey Road, Patna 800001 through its Managing Director. 2. The Electrical Superintending Engineer, Electricity Supply Circle- Saharsa, North Bihar Power Distribution Company Ltd., District - Saharsa. 3. The Electrical Executive Engineer, Electricity Supply Division- Simri Bakhtiyarpur, North Bihar Power Distribution Company Ltd., District - Saharsa. 4. The Junior Electrical Engineer, Electricity Supply Sub-Division-Simri Bakhtiyarpur, North Bihar Power Distribution Company Ltd., District -Saharsa. 5. The Assistant Electrical Engineer, Electricity Supply Section- Balhawat, North Bihar Power Distribution Company Ltd., District - Saharsa. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar Choudhary, Adv. For the Respondent/s : Mr. Vivek Prasad, Adv. For the NBPDCL : Mr. Kumar Priyaranjan, Addl. S.C. Mr. Sandeep Kumar, Adv. Mr. Sudarshan Bhardwaj, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 2 20-08-2026 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the respondents as well as Mr. Kumar Priyaranjan, learned counsel appearing on behalf of the North Bihar Power Distribution Company Ltd. 2. This writ application has been filed for the Patna High Court CWJC No.11248 of 2026(2) dt.20-08-2026 2/4 following relief (s) :- a) For a direction upon the Respondents to forthwith restore/reconnect the electricity connections bearing CA No. 10530009021 (Petitioner No. 1) and CA No. 10530082847 (Petitioner No. 2), without insisting on payment of the artificial/illegal negative balance shown against the said connections; b) For a direction upon the Respondents to forthwith reverse/recompute the artificial negative balance of Rs. 5,525.97 shown against CA No. 10530009021 and Rs. 2,372.68 shown against CA No. 10530082847, the same having accrued on account of the connections having been rendered non-functional by the Respondents themselves without any default of the Petitioners; c) For restraining the Respondents from disconnecting/interfering with the electricity connections of the Petitioners in future except strictly in accordance with the procedure prescribed under the Electricity Act, 2003 and the Regulations framed thereunder, including issuance of prior notice and an opportunity of hearing d) To pass any other order/orders in shape of a consequential relief to which the Petitioner may be found to be legally entitled to in the facts and circumstances of the instant case at hand. Patna High Court CWJC No.11248 of 2026(2) dt.20-08-2026 3/4 3. It appears from the prayer made in the writ application that petitioner seeks indulgence of this Court to direct the respondent authority to restore the electricity supply of the petitioner without recharging the smart meter, which appears to be misconceived. 4. Per contra, learned counsel appearing on behalf of the respondent-NBPDCL submits that the present writ application is misconceived. He submits that restoration/reconnection of the electricity supply cannot be effected without recharging the smart meter, particularly when the meter reflects a negative balance. It is further submitted that the calculation of electricity consumption and the corresponding amount is carried out automatically through the smart metering system, without any human intervention. Thus, as soon as the petitioner recharges the smart meter, the electricity supply shall be restored automatically. 5. Having considered the submissions advanced on behalf of the parties and upon perusal of the materials available on record, this Court finds substance in the submissions made on behalf of the respondent-NBPDCL. The relief sought by the petitioner for restoration/reconnection of the electricity supply without recharging the smart meter, cannot be granted in the Patna High Court CWJC No.11248 of 2026(2) dt.20-08-2026 4/4 facts and circumstances of the present case. Accordingly, this Court is of the view that the present writ application is misconceived and does not need intervention of this Court. 6. In view of the aforesaid facts and circumstances, the present writ application stands dismissed, being misconceived. amit/- (Girijish Kumar, J) U