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Patna High CourtCWJC/1522/2024disposed

Jatan Kumar v. The Bihar State Power Holding Company Limited

2024-03-04Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1522 of 2024 ====================================================== Jatan Kumar Son of Garbhu Sahny Resident of Bajrang Bihar Colony, North Nepali Nagar (Rajiv Nagar), Police Station- Rajiv Nagar, District- Patna. ... ... Petitioner/s

Versus

1.

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

2.

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

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

4.

The Electrical Executive Engineer Electric Supply Division, Ashiana, Patna. 5.

The Assistant Electrical Engineer, Electric Supply Sub-Division, Ashiana, Patna.

6.

The Electrical Junior Engineer, Electric Section, Digha, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Kumar Mr. Arun Kumar Mr. Arbind Kumar For the Respondent/s :

Mr. Kumar Manish Ms. Aishwarya Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-03-2024

1. Heard learned Counsel for the parties concerned.

2. The petitioner has filed the present writ application for a direction to the respondent no. 5-the Assistant Electric Engineer, Electric Supply Sub Division, South Bihar Power Distribution Company Limited, Ashiana, Patna, to accept the application of the petitioner for installation of an electric connection in the house of the petitioner and allow the petitioner to deposit the requisite fees/amount for installation of electric connection at the premises of

Patna High Court CWJC No.1522 of 2024(2) dt.04-03-2024 2/3 the petitioner, situated in Bajrang Bihar Colony, North Nepali Nagar, Rajiv Nagar, Patna.

3. Learned Counsel for the petitioner submits that the petitioner has submitted an online application for installation of a new electric connection in his house, situated in Bajrang Bihar Colony, North Nepali Nagar, Rajiv Nagar, Patna, but the said online application has been rejected arbitrarily and without assigning any reason. The petitioner has been informed that electric connection to the premises situated in Rajiv Nagar Area shall not be allowed.

4. Learned Counsel relies upon Clause 4.13 (B) in Chapter 4 of Bihar Electricity Supply Code, 2007, which requires the respondents to grant electric connection even on encroached Government/Semi Government/Public land, subject to furnishing of documents, as required under the Supply Code. He further submits that the petitioner is ready to furnish all the documents, along with requisite fees, as required under Clause 4.13 (B) in Chapter 4 of Bihar Electricity Supply Code, 2007.

5. Learned Counsel for the South Bihar Power Distribution Company Limited submits that if the petitioner submits

Patna High Court CWJC No.1522 of 2024(2) dt.04-03-2024 3/3 fresh online application for grant of electric connection along with all the requisite documents, as per the Bihar Electricity Supply Code, 2007, the respondent no. 5 shall consider the application of the petitioner in accordance with law and take appropriate decision within a period of one month.

6. Having heard learned Counsel for the parties concerned and taking into consideration the rival submissions, the present writ application is disposed with a direction to the petitioner to submit a fresh online application along with all the requisite documents, within a period of 10 days from today and if such application is filed by the petitioner, the respondent no. 5 shall be obliged to consider the same in accordance with law and take appropriate decision on the application of the petitioner within a period of one month from today.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √