Kismati Devi v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2467 of 2025 ====================================================== 1.

Kismati Devi Wife of Late Sushil kumar Yadav @ Sushil Roy, Resident of Village- Shreestapur, Banpura, Police Station- Janta Bazar, District- Saran at Chapra at present Resident of Mohalla - Shaktipuram Colony, Ashiyana Nagar, Police Station -Rajiv Nagar, District- Patna. 2.

Pushpa Devi, Wife of Vidya Bhushan Singh, Resident of Mohalla- Road No.- 4, House No.- 48, North Patal nagar, P.O.- Keshri Nahar, Police Station- Patliputra, District- Patna at present Resident of Mohalla Shaktipuram Colony, Ashiyana Nagar, Police Station -Rajiv Nagar, DistrictPatna and Resident of Mohalla Mahavir Colony, Road No.- 7, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna respectively. 3.

Karyanand Singh, Son of Late Mudrika Singh, Resident of Mohalla- Ujjain Complex Dakbanglaw Road, Hira Palace, Anand Store, Police StationKotwali, District- Patna at present Resident of Mohalla-Jayprakash Nagar, Tower Gali, Murari Dham, Near Sambodhi School, Ashiyana Nagar, Police Station -Rajiv Nagar, District- Patna.

4.

Vikash Kumar, Son of Late Lalan Rajak, Resident of Mohalla - Ashiyana Nagar, Phse- 02, Plot No.- GH/06, Police Station- Rajiv Nagar, DistrictPatna, at present Resident of Mohalla- Tulsi Nagar, Ramnagri, Sector- 4, Ashiyana Nagar, Police Station - Rajiv Nagar, District- Patna. 5.

Raj Kumar Prasad, Son of Late Shyamji Prasad, C/o- Rameshwar Prasad, Resident of Mohalla-Sector- 1/b, Neel Kanth Colony, Indrapuri, Road No.- 1, Ashiyana Road, B.V. College, Police Station- Shastrinagar, District- Patna at present Resident of Mohalla Shaktipuram Colony, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna.

6.

Sunil Kumar Yadav @ Sunil Kumar, Son of Ramchander Yadav @ Ram Chandra Roy, Resident of Village- Siristapur, Post Office- Banpura Bazar, Police Station- Janta Bazar, District- Saran at Chapra at present Resident of Mohalla- Shaktipuram Colony, Ashiyana Nagar Police Station- Rajiv Nagar, District- Patna. ... Petitioners

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 ... Respondents

2/4 ====================================================== Appearance :

For the Petitioner/s :

Mr.Sachin Kumar, Adv.

For the Respondent/s :

Mr.Vivek Prasad, SC ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 24-02-2025 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 mandamu commanding the respondent authorities, particularly respondent no. 6 & 7 i.e, the Assistant Electrical Engineer. Electric Supply sub- Division, South Bihar Power Distribution Company Limited, Digha, Patna. the Assistant Electrical Engineer, Electric Supply subDivision, South Bihar Power Distribution Company Limited, Ashiyana, to accept the application of petitioner for an electrical 5 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

3/4 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 connection.

3. Learned counsel appearing on behalf of the 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

4/4 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) Shamshad/- U