Maa Sakambhari Complex Owner''s Association vs Bihar State Electricity Board and Others

Barin Ghosh, J.—From the plan of the building as sanctioned by Patna Regional Development Authority it appears that by such sanction Patna Regional Development Authority permitted construction of a commercial-cum-residential building. In view of such sanction part of the building is for commercial use and the remaining part is for residential use. In those circumstances, the inhabitants of the said building using that part of the building to be used for commercial use are liable to pay electricity charges at commercial rate but those residents who are using the other part of the building which is meant for residential use are entitled to obtain supply of electricity upon payment of charges at domestic rate.

In those circumstances, the State Electricity Board is directed to charge electricity bills in accordance with the declaration as above.

In the event, any meter caters supply for the common use of commercial residents as well as residential residents, charges for electricity as consumed up to fifteen days hence shall be paid at commercial rate and within such time the Board shall inform the petitioner what steps the petitioner would be required to take for separation of such consumption and thereupon shall charge at commercial rate for supply effected for common use of commercial residents and at domestic rate for supply to be effected for common use of residential residents. This disposes of the writ petition.