Gyan Prakash v. The Bihar State Power Holding Company Limited Through Its Chairman And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6428 of 2017 =========================================================== Gyan Prakash, son of Late Kanhaiya Prasad, resident of Nepali Nagar, P.O.- Digha Ashiana Road, P.S.- Rajiv Nagar, District- Patna. .... .... Petitioner

Versus

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

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

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

4. The Assistant Electrical Engineer, Electric Supply Sub-Division, Digha, Patna. .... .... Respondents =========================================================== Appearance:

For the Petitioner/s : Mr. Rajendra Narain, Senior Adv. Mr. Sanjay Kumar Ghosarvey, Adv.

For the Respondents: Mrs. Nivedita Nirvikar, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 26-07-2017 Heard learned counsel for the petitioner and learned counsel for the Bihar State Power Holding Company Limited. 2.

In this case, the petitioner is making a grievance that he has constructed the house, but the respondent-company has refused to grant the power on the ground that there is instruction from the Housing Department not to grant power to the petitioner. 3.

In view of the judgment of the Hon'ble Supreme Court and the amendment made in the Regulation, wherein it has been

Patna High Court CWJC No.6428 of 2017 dt.26-07-2017 2/2 provided that even people live in slums are entitled for the power. 4.

As has been claimed that the petitioner has already constructed the house, let the petitioner file proper application along with proper fee before the competent authority. If such an application is filed by the petitioner, then the authority concerned will be obliged to grant power to the petitioner within a period of two weeks from the date of filing the application by the petitioner subject to deposit of fee and charges as per law. It is clarified that this order will not create any resemblance of right title and possession of the petitioner over the land, but will always subject to result of the proceeding, if any pending.

5.

With the aforesaid observations and directions, this writ application is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

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