Satyendra Narayan v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3099 of 2020 ====================================================== Satyendra Narayan, S/o Late Satish Narayn, Golghar Chouraha, Opp. New Police Line, Budh Marg, P.s.- Gandhi Maidan, District- Patna-800001. ... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Limited through its Chairmancum-Managing Director, 1st Floor, Vidyut Bhawan, Jawaharlal Nehru Marg, Patna.

2.

The Chairman-cum-Managing Director, the Bihar State Power Holding Company Limited having its office at 1st Floor, Vidyut Bhawan, Jawaharlal Nehru Marg, Patna.

3.

The General Manager, Patna Electric Supply Unit (PESU), Patna. 4.

The Assistant Engineer, Electricity Office, Maurya Lok, Patna. 5.

The South Bihar Power Distribution Company Limited, through its Managing Director having its Office at 2nd Floor, Vidyut Bhawan, Jawaharlal Nehru Marg, Patna.

6.

Rajan Kumar Singh, Son of Baijnath Kumar Singh, resident of Gol Ghar Chowk, Patna also residing at Masjid, Gol Ghar Mohalla- Phulwari, P.s.- Kotwali, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanchay Srivastava, Adv.

For the Respondent/s :

Mr. Kunal Tiwary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 27-02-2020 Heard Mr. Sanchay Srivastava, learned Advocate

Patna High Court CWJC No.3099 of 2020 dt.27-02-2020 2/3 for the petitioner and Mr. Kunal Tiwary, learned Advocate for the respondent/Bihar State Power Holding Company Ltd.

2. The petitioner is aggrieved by restoration of electric line to private respondent No. 6, who is a tenant of the petitioner and whom the petitioner wants to evict.

3. An eviction suit is pending before a competent Court of law.

4. It has been submitted on behalf of the petitioner that a fresh electricity connection has unauthorizedly be given to private respondent No. 6 on forged and fabricated documents.

5. The petitioner cannot usher in the Power Holding Company in a dispute between the landlord and the tenant.

6. It goes without saying that if a person applies for electricity and fulfills the condition and undertakes to make payment of the electric energy consumed, electricity has to be supplied to him as it is one of the basic necessities. No person could be chocked into submitting the desires of the landlord, if he wants to evict his tenant.

Patna High Court CWJC No.3099 of 2020 dt.27-02-2020 3/3

7. The petitioner will have to contest the litigation with private respondent No. 6 at a different forum where, perhaps, the Power Holding Company would be well advised not to be a party in favour of anyone of the contesting parties.

8. There is no merit in this petition and is, accordingly, dismissed.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 29.02.2020 Transmission Date N/A