S.J.MUKHOPADHAYA, J. - (1.) THE writ petition was preferred by petitioner for issuance of appropriate writ directing the respondents to immediately restore the electricity line of the petitioner disconnected on 14th June, 2002 for non -payment of alleged dues arising out of Arbitral Award dated 30th March, 2002.
(2.) ON 28th June, 2002, learned counsel for the Jharkhand State Electricity Board (J.S.E.B. for short) was directed to seek instruction and file counter affidavit. In the meantime, it was ordered to restore the electrical connection for three weeks to enable the petitioner to move for interim relief before the Court where the application to set aside the Award has been preferred and pending. In view of aforesaid interim order of this Court, the electrical connection of petitioner has been restored for the present. It appears that in pursuance of inspection made by an anti - power theft team of the State Electricity Board, one FIR was lodged against the petitioner on 25th July, 1999 under Sections 379, 39/44 of the IPC. A penal energy bill was also raised. At that stage, the petitioner moved against the penal bill in CWJC No. 2290 of 1999(R), wherein this Court vide its order dated 2nd September, 1999 set aside the bill and remanded the matter to the General Manager -cum -Chief Engineer, Area Electricity Board, Dhanbad with a direction to afford reasonable opportunity to the petitioner to take defence against the inspection report and the energy bill.
(3.) THE electrical connection having not restored, a writ petition CWJC No. 3062 of 1999(R) was preferred by petitioner which was allowed on 19th October, 1999 with direction to the Board to restore supply of electricity, if there is no other dues. The State Electricity Board, thereafter, preferred LPA No. 476 of 1999(R) wherein a Division Bench of this Court taking into consideration the petitioners stand that it will pay a sum of Rs. 3 lacs immediately, ordered to restore electric supply. The General Manager was directed to look into the matter and decide the claim. Thereafter the claim was decided and a fresh bill was issued. The petitioner again challenged the fresh bill in CWJC No. 1380 of 2000 (R), which was dismissed. Against the said order, the petitioner preferred LPA No. 381 of 2001. In the said letters patent appeal, this Court referred the matter to an Arbitrator, Honble Mr. Justice S.K. Choudhary, a retired Judge of the Patna High Court and directed the petitioner to deposit a sum of Rs. 30 lacs with stipulation that if the arbitrator ultimately set aside the entire bill, the Board shall refund the entire amount to the petitioner with an interest @ 12% per annum.;