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Patna High Court

Umesh Prasad BarnawalversusThe Managing Director,

Decided
Disposal
WITHDRAWN

Holding

The High Court granted permission to withdraw the writ petition and directed the matter to be pursued before the Consumer Grievance Redressal Forum.

Summary

The petitioner, Umesh Prasad Barnawal, filed a civil writ petition before the Patna High Court challenging actions of the South Bihar Power Distribution Company Limited and its officials. He later sought the court's permission to withdraw the writ and instead pursue relief before the Consumer Grievance Redressal Forum. The court considered whether a petitioner may voluntarily withdraw a writ petition and be directed to a consumer forum for the same grievance. It held that the petitioner is entitled to withdraw the writ, provided the court is satisfied that the alternative forum is appropriate for the dispute. Accordingly, the court granted permission to withdraw, ordered the petition to be disposed, and directed the authority to handle any subsequent consumer forum complaint within eight weeks. The order emphasizes the jurisdictional hierarchy and the suitability of consumer redress mechanisms for electricity supply grievances.

Issues considered

  • Whether the petitioner may withdraw the civil writ petition and approach the Consumer Grievance Redressal Forum
  • Whether the High Court has jurisdiction to direct the petitioner to the consumer forum after withdrawal

Subjects

  • withdrawal of writ petition
  • consumer grievance redressal forum
  • jurisdiction
  • electricity supply dispute
  • civil writ jurisdiction
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.17034 of 2025
                 ======================================================
                 Umesh Prasad Barnawal Son of Late Dhaneshwar Lal Barnwal @
                 Dhaneshwar Lal, Resident of Village- Pando, P.O.-Matia, P.S.- Barahat,
                 District- Jamui.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The Managing Director, South Bihar Power Distribution Company Limited,
                 Vidyut Bhawan, Jawaharlal Nehru Marg, Patna.
           2.    The Chief Electricity Engineer, South Bihar, Electricity Supply Division,
                 Patna.
           3.    The Executive Electricity Engineer, Electricity Supply Division, Jamui.
           4.    The Assistant Electricity Engineer, Electricity Supply Division, Jamui.
           5.    The Junior Electricity Engineer, Electricity Supply Division, Jamui.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Vijaya Laxmi Srivastwa, Adv.
                                               Mr. Muskon Singh, Adv.
                 For the Respondent/s   :      Mr.Vivek Prasad, Adv.
                 For the SBPDCL                Mr. Kunal Tiwary, Adv.

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   21-01-2026                Learned counsel appearing on behalf of the petitioner

                   seeks permission to withdraw the present writ petition with the

                   liberty to approach the Consumer Grievance Redressal Forum.

                                 2. Permissions is granted.

                                 3. The present writ petition is disposed of with the

                   aforesaid liberty. In case any complaint/application against the

                   building made by the respondent-authority is filed before the

                   Consumer Grievance Redressal Forum, the same shall be dealt

                   with in accordance with law. The authority shall endeavor to
             Patna High Court CWJC No.17034 of 2025(2) dt.21-01-2026
                                                        2/2




                       pass necessary orders as expeditiously as possibly preferably

                       within a period of 8 weeks from the date of the receipt of the

                       said complaint/application by the petitioner.



                                                               (A. Abhishek Reddy , J)
Bhardwaj/-

U


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