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. 3–5After 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. 3–5Subsequent bills demanded ₹5,17,764 and, in 2023, ₹10,05,078.
Source reference: pp. 2–3, paras. 3–5During the proceedings, the bill was revised to ₹1,85,626 on 14 August 2025.
Source reference: pp. 2–3, paras. 3–5The 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. 3–5The appellant challenged that decision in this intra-court appeal.
Source reference: pp. 2–3, paras. 3–5Issues
1. Whether the Single Judge’s order suffered from illegality or perversity warranting interference in the Letters Patent Appeal
Source reference: p. 4, para. 82. 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. 9–10Law 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. 11The 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. 11No statutory provision was identified as forming the basis of the decision.
Source reference: no citationReasoning
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. 9–12It considered that the appellant should have verified his consumption and charges with the authorities.
Source reference: pp. 4–6, paras. 9–12The 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. 9–12Holding
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. 12–14Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Code of Civil Procedure, 19081
Original Court PDF
Jitendra JhavsThe North Bihar Power Distribution Company Limited
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