Patna High Court's Division Bench refuses to interfere with Justice Reddy's Judgement

In Bholi Devi vs. The North Bihar Power Distribution Company Limited through its Nanaging Director, Patna & Ors. (2025), Patna High Court's Division Bench of Justices Ashutosh Kumar, Acting Chief Justice and Partha Sarthy refused to interfere with the impugned judgment dated September 30  2024 passed in CWJC No. 6968 of 2024, by Justice A. Abhishek Reddy, the Single Judge of the High Court, on finding that the appellant had an alternative and effective remedy of preferring an application under Section 42 (5) of the Electricity Act, 2003 before the Consumer Grievance Redressal Forum (C.GRF). The Single judge had relegated Bholi Devi to prefer such complaint before this authority.  

The Division Bench condoned the the delay of 13 days in preferring the appeal . It observed:"It would be open for the appellant to approach the C.G.R.F. within a period of six weeks, to be counted from today, which shall be entertained by the C.G.R.F. and necessary orders in accordance with law shall be passed.  It would be open for the appellant to challenge the aforesaid order before the appropriate forum, should she deem it necessary to do so.  The interim arrangement in the impugned judgment shall continue till the time the complaint is decided by the C.G.R.F."  The judgement dated April 2, 2025 was authored by Justice Ashutosh Kumar. 

The other respondents were:Managing Director, North Bihar Power Distribution Company Limited, Patna, Assistant Electricity Engineer, Electricity Supply Sub Division, Simari Bakhtiyarpur/Sonvarsha Raj, Saharsa and Junior Electricity Engineer, Electricity Supply Sub-Branch, Simari Bakhtiyarpur, Saharsa.

Justice Reddy's 2-page long judgement reads: "It is needless to observe that before passing any order, thep petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the party. Till such time the final orders are passed to the application filed by the petitioner,the electricity connection restored by the department pursuant to the interim order of this order on 07.05.2024 shall continue, however, it is made clear that the petitioner shall pay the current monthly charges levied by the department within the stipulated time."