Vibha Singh v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1719 of 2025 ====================================================== 1.

Vibha Singh Wife of Dharmendra Kumar Singh, Resident of Village- Sarwa, Police Station- Masaurhi, District- Patna at present Resident of MohallaShaktipuram Colony, Ashiyana Nagar, Police Station - Rajiv Nagar, DistrictPatna. 2.

Aarti Singh, Wife of Mannu Singh, Resident of Village and Post Office Chautham, Police Station- Chautham, District- Khagaria at present Resident of Mohalla- Shaktipuram Colony, Ashiyana Nagar Phase-II, Police Station -Rajiv Nagar, District- Patna.

3.

Nilam Devi, Wife of Anuj Mahto, Resident of Mohalla- Rajiv Nagar, Road No. 8, Keshri Nagar, Police Station- Rajiv Nagar, District- Patna at present Resident of Mohalla- C.P. Shukla Road, Near Gov. Pump House, Polshan, Police Station -Digha, District- Patna 4.

Ram Lal Singh, Son of Kanta Lal Singh, Resident of Mohalla- Mahesh Nagar, P.O.- Keshri Nagar, Police Station- Patliputra, District- Patna at present Resident of Mohalla- Kali Nagar, Kali Mandir Road, Uttri Nepali Nagar, Ashiyana Nagar, Police Station -Rajiv Nagar, District- Patna. 5.

Ranju Kumari, Wife of Chandan Kumar, D/o - Nand Kishor Ray, Resident of Mohalla - Chandra Vihar Colony, Ashiyana Digha Road, P.O.- Kappori Sadan, Police Station- Rajiv Nagar, District Patna at present Resident of Mohalla- Ashiyana Digha Road, Behind Badhai Community Hall, Near Grill Shop, Police Station - Rajiv Nagar, District-Patna. 6.

Khushboo Kumari @ Khushboo, Wife of Brajnandan @Brajnandan Kumar @ Braj Nandan Kumar, Resident of Mohalla Bari Yusufpur, Police StationHajipur Sadar, District- Vaishaliat at present Resident of Mohalla- Ashiyana Digha Road, Behind Badhai Community Hall, Near Grill Shop, Police Station Rajiv Nagar, District- Patna.

7.

Joyti Kumari, Wife of Pravin Kumar, Resident of Village - Maldah, Post Office - Mouji, Police Station- Maldah, District- Samastipur at present Resident of Mohalla- Ghurdor Road, Uma Vihar Colony, Road No. 3, Digha, Police Station -Digha, District-Patna.

8.

Virendra Shekhar Sinha, Son of Surya Deo Prasad Sinha, Resident of Mohalla- 401, 4th Floor 419/1. Ganga Block, Near Delhi Public School, Bettadasanpura, Post office and Police Station- Electronics City, DistrictBengaluru (Karnataka) at present Resident of Mohalla- Chandra Vihar Colony, Road No. 14, Ashiyana Nagar, Police Station -Rajiv Nagar, DistrictPatna. 9.

Vinita Sinha, Wife of Subodh Kumar Sinha, Resident of Mohalla 1/104, Baidrinath Apartment, Ghona Chowk, Station Road, Jugsalai, Police StationJugsalai, Jamshedpur City, District- East Singhbhum (Jharkhand) at present Resident of Mohalla- Chandra Vihar Colony, Road No. 14, Ashiyana Nagar, Police Station -Rajiv Nagar, District- Patna 10.

Rohit Sah, Son of Late Edarwad Rafaya, Resident of Mohalla- B- 104 Jamuna Apartment, Friends Colony Road No-4, Near ST Mary School, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna at present Resident of Mohalla- Quick and Shine, North Don Basco Academy School,

2/4 Gate No. 1, Ashiyana - Digha Main Road, Police Station - Digha, DistrictPatna. 11.

Ram Kumar, Son of Yogeshwar Ram, Resident of Mohalla- Sri Ram Sweet, Silaw Khaza and Namkin, Bhandar, Alpna Market, New Patliputra Colony, Boring Road, Police Station- Patliputra, District- Patna at present Resident of Mohalla- Ganga Rai Path, a Road No. 3, Jayprakash Nagar, Ashiyana Nagar, Police Station -Rajiv Nagar, District-Patna ... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Limited through its Chairman, Vidyut Bhawan, Bali 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, 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, Adv.

For the Respondent/s :

Mr. Vivek Prasad ( Standing Counsel ) For the SBPDCL :

Mr. Deepak Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 05-02-2025 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 no. 6 & 7 i.e.

the Assistant Electrical Engineer, Electric Supply sub- Division, South Bihar Power Distribution Company Limited, "Digha, Patna.

3/4 The Assitant 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 District- Patna.

(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. 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 Clause-4.13(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

4/4 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 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) Gauravkr/- U