M/S Khushi Packaged Drinking Water Industry Through Its Proprietor Rajiv Ranjan Kumar v. The C. M. D. , Bihar State Power Holding Company Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10683 of 2017 ====================================================== M/s Khushi Packaged Drinking Water Industry Through Its Proprietor Rajiv Ranjan Kumar Son of Shiv KUmar Prasad, Resident of Village-Kool, P.O. P.S. District Nalanda.

... ... Petitioner/s

Versus

1.

The C. M. D. , Bihar State Power Holding Company Limited Vidyut Bhawan, Bailey Road, Patna 2.

The Managing Director, South Bihar Power Distribution Company Pvt. Ltd. Bihar, Patna.

3.

The Electrical Superintending Engineer, South Bihar Power Distribution Company Pvt. Ltd., Nalanda at Biharsharif 4.

The Electrical Executive Engineer, South Bihar Power Distribution Company Pvt. Ltd. Rajgir, Nalanda 5.

The Electrical Assistant Engineer, South Bihar Power Distribution Company Pvt. Ltd. Nalanda at Biharsharif ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lakshmi Kant Sharma, Advocate For the Respondent/s :

Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 25-07-2025

1. The petitioner has filed the instant application for the following reliefs:

"For issuance of appropriate writ/ writs, order/ orders, direction/ directions in the nature of mandamus commanding the respondent authorities to connect the electric connection of the small scale industry of the petitioner which was disconnected willingly on 26.03.2013 though petitioner fulfilled all the required criteria and ready to abide

2/4 by all terms and conditions as per prevailing rules and norms, which was reconnected on 31.10.2013 and just after 10-15 days it was again disconnected even after directed of the District Consumer Redressal Forum, Nalanda in its order dated 27.06.2014, passed in Complaint Case No. 119/2013 but the respondent authorities still had not followed the aforesaid direction followed by institution of Execution Case No. 41/14 and adamant not to connect the electric connection causing day-to-day irreparable loss and injury and further enhancing the production of packaged drinking water.

Further for awarding compensation for damaged caused to the petitioner's unit due to highhanded, illegal arbitrary and unreasonable act on the part of the respondent authorities not to take decision to connect the electrical connection trying to nip the functioning of newly established small scale industry from very inception.

Petitioner further seeks for any other relief/reliefs, for which he is found entitled in the eye of law and in the facts and circumstances of the present case."

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2. At the very outset, Learned counsel for the respondents contended that since this matter is squarely covered under the order dated 26.06.2024 passed in CWJC No. 17625 of 2016 (Lalmuni Devi Vs. The State of Bihar & Ors.) by this Court in which this Court has passed the order in light of the judgment passed by the Hon'ble Apex Court in the case of The Power Grid Corporation of India Limited vs Century Textiles & Industries Ltd & Ors. reported in 2017(2) PLJR (SC) 152, this writ petition may also be disposed of on the same terms and conditions.

3. After perusal of the aforesaid judgment, the Learned counsel for the petitioner seeks liberty to file appropriate application for compensation before the appropriate forum.

4. Having regard to the submissions made by the learned counsel for the petitioner, the present writ petition stands disposed of in terms of the aforesaid judgment passed in CWJC No. 17625 of 2016 (supra) in light of the judgment

4/4 passed by the Hon'ble Apex Court in the case of The Power Grid Corporation of India Limited (supra) with liberty to the petitioner to seek necessary compensation by approaching the concerned District Judge and in case, any such petition is filed within a period of four weeks from the date of receipt of copy of this order, the same shall be examined and considered on merits by the appropriate forum and shall be disposed of expeditiously.

5. With the aforesaid direction the writ petition stands disposed of.

6. Interlocutory Application, if any, shall stands disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.07.2025 Transmission Date