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Patna High CourtCWJC/901/2025disposed

Annu Singh v. The Bihar State Power Holding Company Limited

2025-01-28Mr. Justice A. Abhishek Reddy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.901 of 2025 ====================================================== 1.

Annu Singh Wife of Abhishek Kumar Singh, Resident of Mohalla House No.- 265/A, Ram Nagri, Sector 2, Ashokpuri, Ashiyana Nagar, Police Station Rajiv Nagar, District- Patna at present Resident of MohallaShaktipuram Colony, Ashiyana Nagar, Police Station- Rajiv Nagar, DistrictPatna. 2.

Sona Singh, Wife of Vidya Bhushan Singh, Resident of Mohalla- Chandra Marble, Rajiv Nagar Main Road, Police Station- Rajiv Nagar, District- Patna at present Resident of Mohalla- Shaktipuram Colony, Ashiyana Nagar, Police Station - Rajiv Nagar, District- Patna. 3.

Sijantri Kumari, Wife of Sunil Kumar Singh, Resident of Mohalla- House No.- 7, Road No.- 5, Gardanibagh, Phulwari, P.O.- G.P.O. Patna, Police Station- Patliputra, District- Patna at present Resident of Mohalla- Dev Vihar Colony, Road No.- 5, 90 Feet, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna.

4.

Vijay Shankar, Son of Suraj Prasad @ Suraj Yadav, Resident of Mohalla Ramjee Chak, P.O.- Bataganj, Police Station- Digha, District- Patna, at present Resident of Mohalla- Shaktipuram Colony, Ashiyana Nagar, Police Station - Rajiv Nagar, District- Patna.

5.

Ram Babu Prasad, Son of Shankar Saw, Resident of Mohalla- Janakdhari Lal Road, Danapur, Danapur Cum- Khagaul, Police Station- Danapur, District- Patna at present Resident of Mohalla- Opposite Rajiv Nagar Road No.- 24, In front of S.V.M. School, Ashiana Digha Road, Police StationRajiv Nagar, District- Patna. 6.

Kranti Kumar, Son of Ram Vichar Rai, Resident of Mohalla- Near Chasma Center Gali, Kurji Magadh Colony, Post office- Sadaquat Ashram, Police Station- Digha, District- Patna at present Resident of Mohalla Bhagat Singh Colony, Near Pipe Factory, In Front of Maa Kali Cement Store, Ashiana Digha Road, Police Station- Rajiv Nagar, District- Patna. 7.

Sneha, D/o of Abhishekh Kumar, Resident of Mohalla- Chandraprabha Nivas, Ashiana Nagar, Near Triloki Singh, Shaktipuram Colony, Police Station- Rajiv Nagar, District Patna at present Resident of MohallaShaktipuram Colony, Ashiana Nagar, Police Station- Rajiv Nagar, DistrictPatna. ... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Limited through its Chairman, Vidyut Bhawan, Baily Road, Patna.

2.

The South Bihar Power Distribution Company Limited, through its Managing Director, Vidyut Bhawan, Baili Road, Patna. 3.

The General Manager-cum-Chief Engineer, Patna Electric Supply Union, Baily Road, Patna.

4.

The Executive Engineer, Electric Supply Division, Danapur, Patna. 5.

The Assistant Electrical Engineer, Electric Supply Sub- Division, Digha,

2/4 Patna.

6.

The Assistant Electrical Engineer, Electric Supply Sub- Division, South Bihar Power Distribution Company Limited, Digha, Patna. 7.

The Assistant Electrical Engineer, Electric Supply Sub- Division, South Bihar Power Distribution Company Limited, Ashiyana, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachin Kumar, Advocate For the Respondent/s :

Mr. Vivek Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 28-01-2025 Heard the parties.

2. The present writ petition has been filed for the following relief(s) :

"(i) For issuance of a writ in the nature of mandamus commanding the respondent authorities, particularly respondent no. 6 & 7 i.e. the Assistant Electrical Engineer, Electric Supply sub- Division, South Bihar Power Distribution Company Limited, Digha, Patna. the Assistant Electrical Engineer, Electric Supply sub-Division, South Bihar Power Distribution Company Limited, Ashiyana, to accept the application of petitioner for an electrical connection and allow them to deposit the requisite amount for supply of an electrical connection to the premises of the petitioner situated Rajiv Nagar Police Station & Digha Police Station, DistrictPatna. ii) For holding that in view of the order passed by the Hon'ble Supreme Court in Civil Appeal No. 7572/2011 (Sri Chandu Khamaru Vs.

3/4 Smt. Nayan Malik and others), the owner/occupier of the premises has a statutory right for an electric connection and it is the duty of every licensee under section 43 of the Indian Electricity Supply Act, 2003 to give supply of electricity to such premises within one month of receipt of the application.

(iii) For holding that in view of Clause4.13(B) of the Bihar Electricity Supply Code, 2007, even the person, who is not able to produce the proof of ownership of the premises are allowed to take electric connection on submission of certain documents.

(iv) For necessary direction upon the respondent authorities to provide electricity supply to the premises of the petitioner within one mount of the receipt of the application of the petitioner for electric connation."

3. Learned counsel appearing on behalf of the respondents has stated that the present writ petition may be disposed off with a direction to the Respondent Nos. 6 and 7 to accept the application made by the petitioner along with the requisite amounts and consider the same in accordance with law.

4. Having regard to the above made submission, the present writ petition is disposed off with a direction to the Respondent Nos. 6 and 7 to accept the application of the petitioner for an electrical connection along with the requisite

4/4 amount and consider the same strictly in accordance with law. The Respondent Nos. 6 and 7 is directed to consider the said application within a period of four weeks from the date of the copy of the receipt of this order.

5. With the above directions, the present writ petition stands disposed of to the extent indicated above. (A. Abhishek Reddy , J) Prakash/- U