SUJIT NARAYAN PRASAD,J - (1.) This writ petition has been filed under Article 226 of the Constitution of India whereby and whereunder direction has been sought for upon the respondents to immediately and forthwith restore the electricity connection of the petitioner as also not to give effect to the illegal assessment of Rs.72,11,368/- raised against the petitioner as the net total alleged theft of electricity in Pakur Malpahari P.S. Case No. 145 of 2017 corresponding to G.R. No. 648 of 2017.
(2.) Mr. M.S.Mittal, learned senior counsel appearing for the petitioner had argued the case on 08.08.2019 by placing the relief sought for by him in interlocutory application being I.A. No.7326 of 2019 by taking aid of an order passed by this Court under Section 438(2) of the Code of Criminal Procedure in A.B.A. No. 7040 of 2017 and this Court after hearing the learned counsel for the parties, has passed the following orders :- "Two interlocutory applications have been filed being I.A. No.7326 of 2019 and I.A. No. 7327 of 2019. First interlocutory application being I.A. No. 7326 of 2019 is for seeking a direction for restoration of the electricity connection on the basis of the fact that in pursuance to the order, passed by this Court under Section 438 (2) of the Code of Criminal Procedure in A.B.A. No. 7040 of 2017, the petitioner has been directed to be released on bail in case of surrender, if he will pay Rs.36,05,984/, initially, the petitioner has been directed to deposit Rs.11,05,984/- and subsequent thereto, Rs.5,00,000/- have been directed to be deposited within one month from the date of his surrender and thereafter, on depositing Rs.5,00,000/- to the respondents till completion of a total amount of Rs.36,05,984/-, the provisional bail granted to the petitioner shall be confirmed by the trial court till disposal of the case. In terms of the said order, the petitioner has already deposited Rs.21 lacs and therefore, prayer has been made in the instant interlocutory application for a direction to restore the electricity connection. Second interlocutory application being I.A. No. 7327 of 2019 has been filed for preponing the date of hearing, since the date for hearing of this case has been fixed on 20.09.2019 on the ground of non-availability of power supply in the premises. Mr. Vikash Kumar, learned A.C. to Mr. Ajit Kumar, learned Sr.S.C. appearing for the Respondent-J.U.V.N.L. has sought for time to list this case on Tuesday, so that he may seek instructions on both the interlocutory applications (I.A. No. 7326 of 2019 and I.A. No.7327 of 2019). In view thereof, list this case on 13.08.2019. In the meanwhile, instruction, if any shall be obtained and if found necessary, to file affidavit."?
(3.) Mr. Ajit Kumar, learned senior counsel appearing for the respondent JUVNL has placed a communication issued under the signature of Electrical Executive Engineer, Electric Supply Division, Pakur dated 13.08.2019 addressed to Mr. Navin Kumar, learned Senior Standing Counsel, JBVNL whereby and whereunder no objection has been shown if the electricity line would be directed to be reconnected basing upon the fact that the petitioner since has paid altogether Rs. 21 lacs out of Rs. 36,05,984/- as has been directed to be paid by this Court in an order passed in A.B.A. No. 7040 of 2017 and rest amount is to be paid by him to enjoy the privilege of bail and therefore, submission has been made that appropriate order may be passed. Let a copy of the communication dated 13.08.2019 be kept on record.;