Patna High Court
Sushmita KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is not maintainable as the petitioner has an alternative remedy under Section 42(6) of the Electricity Act.
Summary
The petitioner, Sushmita Kumari, filed a writ petition challenging an order of the Consumer Grievance Redressal Forum, Muzaffarpur dated 19-12-2025. The respondents were the State of Bihar and officials of the North Bihar Power Distribution Company. The Court observed that the petitioner has an alternative and effective remedy under Section 42(6) of the Electricity Act to approach the Ombudsman. Consequently, the Court declined to entertain the writ and directed the petitioner to file an application with the Ombudsman within four weeks. The petition was disposed of after granting this liberty.
Issues considered
- Whether the writ petition is maintainable when an alternative remedy under Section 42(6) of the Electricity Act is available
Legislation cited
- Electricity Act — s. 42(6)
Subjects
- writ petition
- electricity act
- ombudsman
- alternative remedy
- consumer grievance redressal forum
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3150 of 2026
======================================================
Sushmita Kumari, Wife of Anil Kumar, Resident of Village Machhahi,
District Muzaffarpur, State Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Energy Department,
Government of Bihar, Patna.
2. The Managing Director, North Bihar Power Distribution Company Limited.
3. Electrical Executive Engineer, Electricity Supply Division, Muzaffarpur
(East).
4. Assistant Electrical Engineer, Electricity Supply Sub-Division, Sakra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aditya Raj, Adv.
For the Respondent/s : Mr.Additional Advocate General (13)
Mr. Abhinav Alok, AC to AAG 13
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 31-03-2026 Having regard to the fact that the petitioner is having
an alternative and effective remedy of approaching the
Ombudsman under Section 42(6) of the Electricity Act against
the order of the Consumer Grievance Redressal Forum,
Muzaffarpur dated 19.12.2025 (Annexure P/3), this Court is not
inclined to entertain the present writ petition.
2. The present writ petition is disposed of granting
liberty to the petitioner to approach the Ombudsman under
Section 42(6) of the Electricity Act within a period of 4 weeks
from today. On such application or appeal being filed, the
Ombudsman shall entertain the same and pass a reasoned order
Patna High Court CWJC No.3150 of 2026(2) dt.31-03-2026
2/2
duly giving an opportunity to all the parties. Any order passed
shall be communicated to the parties.
3. With the above direction, the present writ petition
stands disposed of.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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