Jharkhand High Court

WPC/4373/2008 of M/S BIHAR STRUCTURAL ENGINEERI Vs JHARKHAND STATE ELECTRICITY BO on 21 September 2026

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--1-- W.P.(C) No. 4373 of 2008 IN THE HIGH COURT OF JHARKHAND, RANCHI W.P.(C) No. 4373 of 2008 ---- M/s Bihar Structural Engineering situated at Ranchi Road, PO Marar, PS Kuju, District Ramgarh, through its Proprietor Shri Prem Chand Jain, son of late Kashmiri Lal Jain, resident of

[2026:JHHC:28407]

--1-- W.P.(C) No. 4373 of 2008

IN THE HIGH COURT OF JHARKHAND, RANCHI

W.P.(C) No. 4373 of 2008

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M/s Bihar Structural Engineering situated at Ranchi Road, PO

Marar, PS Kuju, District Ramgarh, through its Proprietor Shri Prem Chand Jain, son of late Kashmiri Lal Jain, resident of Ranchi Road, PO Marar, PS Kuju, District Ramgarh

.... Petitioner(s)

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1. Jharkhand State Electricity Board, through its Chairman, PO and PS Dhurwa, District Ranchi

2. Electrical Superintending Engineer, Electric Supply Circle, Hazaribagh

3. Shri Om Prakash, son of not known to the petitioner at present holding the post of Electrical Superintending Engineer Electric Supply Circle, Hazaribagh

4. Electrical Executive Engineer, Electric Supply Division, Ramgarh, District Ramgarh

5. The Jharkhand State Electricity Regulatory Commission through its Secretary, Government of Jharkhand, Ranchi

…… ….. .... Resp./Opp. Parties

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner(s) :- Mr. Nitin Pasari, Advocate

For the JSERC :- Mr. Navin Kumar, Advocate

For the JUVNL :- Mr. Aman Shekhar, Advocate

[A.C.to Mr. Mrinal Kanti Roy, Advocate]

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9/21.09.2026 This writ petition has been filed under Article 226 of the Constitution of India for quashing the final order of assessment dated 08.08.2008 passed by respondent no.3 assessing the liability

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--2-- W.P.(C) No. 4373 of 2008 of pilferage of electricity.

2. Learned counsel appearing on behalf of the petitioner submits that the proprietor of M/s Bihar Structural Engineering has left for his heavenly abode. He next submits that he has taken instruction from the legal heirs/ successors of the proprietor of the said proprietorship-firm and they have informed him that they have not inherited the said firm and they are not willing to pursue this writ petition. He submits in view of that this matter may kindly be disposed of as there can be no order against a dead person.

3. Mr. Aman Shekhar, the learned A.C. to Mr. Mrinal Kanti Roy, the learned counsel for respondent JUVNL submits that if that is the situation, this Court may pass appropriate order.

4. Mr. Navin Kumar, the learned counsel appearing on behalf of the respondent no.5/ Jharkhand State Electricity Regulatory Commission [JSERC] also submits that no order can be passed against a dead person.

5. In view of above submission of the learned counsels appearing on behalf of the parties, this writ petition is dismissed.

6. Pending petition, if any, also stands disclosed of, accordingly.

( Sanjay Kumar Dwivedi, J.)

Dated : 21.09.2026 SI/

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