Patna High Court
Administrative and Public LawCivil Procedure and Evidence

Intra-court appellate courts will not disturb factual findings absent cogent grounds for interference.

Jitendra Jha vs The North Bihar Power Distribution Company Limited

Patna High CourtJUDGMENT: September 23, 20262 MIN READSOURCE JUDGMENT
Intra-court appellate courts will not disturb factual findings absent cogent grounds for interference.. Jitendra Jha vs The North Bihar Power Distribution Company Limited. Patna High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

An electricity meter was installed at the appellant’s premises in 2014 in the name of his late father.

Source reference: pp. 2–3, paras. 3–5

After receiving a bill of approximately ₹1,42,173 in August 2015, the appellant sought correction and paid ₹200 for meter testing; he alleged that the complaint was not resolved.

Source reference: pp. 2–3, paras. 3–5

Subsequent bills demanded ₹5,17,764 and, in 2023, ₹10,05,078.

Source reference: pp. 2–3, paras. 3–5

During the proceedings, the bill was revised to ₹1,85,626 on 14 August 2025.

Source reference: pp. 2–3, paras. 3–5

The Single Judge dismissed the appellant’s writ petition, finding that electricity had been consumed without payment of minimum charges and that the bill had been reduced.

Source reference: pp. 2–3, paras. 3–5

The appellant challenged that decision in this intra-court appeal.

Source reference: pp. 2–3, paras. 3–5
02

Issues

1. Whether the Single Judge’s order suffered from illegality or perversity warranting interference in the Letters Patent Appeal

Source reference: p. 4, para. 8

2. Whether the appellant had established grounds to disturb the finding that electricity was consumed without payment of minimum charges, particularly in light of the revised bill

Source reference: pp. 4–5, paras. 9–10
03

Law Applied

In an intra-court appeal, the Division Bench’s appellate power is not identical to the jurisdiction under Section 100 of the Code of Civil Procedure; however, interference with a Single Judge’s finding of fact is ordinarily unwarranted absent cogent reasons.

Source reference: p. 5, para. 11

The Court relied on Umabai v. Nilkanth Dhondiba Chavan, (2005) 6 SCC 243, which states that a Letters Patent Appeal is discretionary and that an appellate court should exercise restraint in departing from factual findings.

Source reference: p. 5, para. 11

No statutory provision was identified as forming the basis of the decision.

Source reference: no citation
04

Reasoning

The Bench found that the meter had been installed in 2014 and that the appellant had consumed electricity but had not paid the minimum charges.

Source reference: pp. 4–6, paras. 9–12

It considered that the appellant should have verified his consumption and charges with the authorities.

Source reference: pp. 4–6, paras. 9–12

The Bench also noted the reduction in the bill dated 14 August 2025 and concluded that the appellant had not substantiated grounds sufficient to dislodge the Single Judge’s findings or establish illegality or perversity.

Source reference: pp. 4–6, paras. 9–12
05

Holding

The Court held that no illegality or perversity in the Single Judge’s order had been shown and that there was no basis for appellate interference.

The Letters Patent Appeal was dismissed; any pending applications were also disposed of.

Source reference: p. 6, paras. 12–14
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Code of Civil Procedure, 19081

Patna High Court

Original Court PDF

Jitendra JhavsThe North Bihar Power Distribution Company Limited

Patna High Court · September 23, 2026

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Original judgment, available to read, download and summarize on LawLens.in

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