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Patna High Court

Prabhakar MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner must pay Rs 2,744 as supervision charges and, upon payment, the power supply shall be restored.

Summary

Petitioner Prabhakar Mishra, a 78‑year‑old resident of West Champaran, filed a writ petition after North Bihar Power Distribution Company Limited (NBPDCL) issued a notice demanding a Rs 10,000 penalty for removing an electricity pole in front of his house and disconnected his power supply. The petitioner claimed the notice and disconnection were unauthorized under the Electricity Act and the Supply Code, causing hardship. NBPDCL offered to restore supply if the petitioner paid Rs 2,744 as supervision charges (15% plus GST on labour for erection and dismantling). The High Court held that the petitioner must pay the stipulated amount and, upon payment, the authority must restore the power supply within a day or two. Accordingly, the writ petition was disposed with directions to pay the amount and to reinstate supply.

Issues considered

  • Whether the notice imposing a Rs 10,000 penalty for removal of an electricity pole is valid under the Electricity Act and the Supply Code.
  • Whether the power supply can be disconnected without authority of law.
  • Whether the petitioner is liable to pay supervision charges for reinstatement of the electricity supply.

Legislation cited

Subjects

  • electricity pole removal
  • penalty notice
  • power disconnection
  • supervision charges
  • writ petition
  • restoration of supply
  • senior citizen hardship
  • Electricity Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1663 of 2026
                 ======================================================
                 Prabhakar Mishra son of Late Indrasan Mishra, resident of Ward No.-3, Paras
                 Pakri Bazaar, P.S.-Majhaulia, District- West Champaran.

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Secretary, Energy Department, Government
                 of Bihar, Patna.
           2.    The District Magistrate, West Champaran.
           3.    The Managing Director, North Bihar Power Distribution Company Limited,
                 Patna.
           4.    The Electrical Executive Engineer, Bettiah, Electric Division, Bettiah, West
                 Champaran.
           5.    The Junior Electrical Engineer, Electric Supply Branch, Sariswa Bazaar,
                 Sikarpur Sub-division, West Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Ravi Kumar, Adv.
                 For the Respondent/s   :     Mr. Standing Counsel 4
                 For the NBPCDL         :     Mr. Kumar Priya Ranjan, Adv.
                                              Mr. Sudarshan Bharadwaj, Adv.
                                              Mr. Sandeep Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   12-02-2026                     Learned counsel appearing on behalf of the

                   petitioner submits that the respondent (North Bihar Power

                   Distribution Company Limited) has issued the impugned notice

                   directing the petitioner to show cause as to why a penalty

                   amount of Rs. 10,000/- should not be levied on the petitioner.

                   Learned counsel submits that the said notice has been issued by

                   the authority solely on the premise that the petitioner has

                   removed the electricity pole which was in front of his house.

                   Further, learned counsel has stated that respondents without any
Patna High Court CWJC No.1663 of 2026(2) dt.12-02-2026
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          authority of law and contrary to the provisions of the Electricity

          Act and the Supply Code have disconnected the power supply of

          the petitioner and the petitioner being an old aged person of 78

          years is facing great hardships. Learned counsel has, therefore,

          prayed this Hon’ble Court to set aside the impugned notice and

          direct the respondents to restore the power supply to the

          petitioner.

                        2. Learned counsel appearing on behalf of the

          respondents (North Bihar Power Distribution Company

          Limited) on instructions submits that in case the petitioner pays

          an amount of Rs. 2744/- (Two thousand Seven Hundred Forty

          Four Rupees only) towards the supervision charges at the rate of

          15 % + GST on the labour cost for erection and dismantling, the

          authorities will restore the power supply to the petitioner and no

          coercive steps shall be taken against the petitioner.

                        3. Having regard to the above made submissions, the

          present writ petition is disposed of directing the petitioner to pay

          an amount of Rs. 2744/- at the earliest and on such amount

          being made, the authority shall immediately restore the power

          supply. The petitioner shall intimate the authorities about the

          payment of the above mentioned amount and the authority shall

          see to it that the power supply is restored within a day or two
             Patna High Court CWJC No.1663 of 2026(2) dt.12-02-2026
                                                         3/3




                       after the amounts are paid by the petitioner.

                                   4. With the above directions, the present writ petition

                       stands disposed of.



                                               (A. Abhishek Reddy , J)
Gauravkr/-

U


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