Pritee Kumari Pandit v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3107 of 2025 ====================================================== Pritee Kumari Pandit, Wife of Shri Manjay Kumar Resident of Shaktipuram Lane, Ashiana Nagar, P.O. and P.S. Rajeev Nagar, Patna-800025. ... ... 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, Bali 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. Rana Veer Prawar, Advocate.

For the Respondent/s :

Mr. Vivek Prasad, Advocate.

For the BSPHCL :

Mr. Ranjan Kumar Srivastava, Advocate.

Mr. Shashwat Srivastava, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 10-09-2025 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:- "(i) For setting aside the order dated 13.01.2025 passed by Assistant Electrical engineer whereby the application of the petitioner for electric connection has been rejected stating

2/4 reason that no fresh electricity connection will be provided in the Digha region without getting NOC from the Board in the guise of the Letter No. 460 dated 29.09.2022 issued by Executive Engineer, Bihar State Housing Board, Patna Commissionary-3 and Letter No. 320 dated 02.08.2023 issued by General Manager, South Bihar Power Distribution Company Limited.

(ii) For issuance of a writ in the nature of mandamus commanding the respondent authorities, particularly respondent No. 6 & 7 i.e. the Assistant Electrical Engineer, Electric Supply subDivision, Sough Bihar Power Distribution Company Limited, Digha, Patna. The Assistant Electrical Engineer Electric Supply Sub-Division, South Bihar power Distribution Company Limited, Ashiyana, to consider the application of petitioner for an electrical connection and allow her to deposit the requisite amount for supply of an electrical connection to the premises of the petitioner situated in Rajiv Nagar Police Station, District-Panta.

(iii) For holding that the 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.

3/4 (iv) 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.

(v) For directing the respondents authorities to compensate the petitioner as Section 43(3) of the Electricity Act 2003 provides that the obligation of the licensee to provide new electricity connection failing which the licensee is obligated to pay the fine to the extent of Rs. 1000/- per day if the distribution licensee fails to supply electricity within period of one month after receiving the application requiring such supply.

(vi) For necessary direction upon the respondent authorities to provide electricity supply to the premises of the petitioner within one month of the receipt of the application of the petitioner for electric connection."

3. In the counter affidavit filed by the Respondent Nos. 1 to 7 at Paragraph No. 10, it is stated that in case, the petitioner submits any online application for grant of electric connection along with the requisite documents, the authority shall consider the same on its own merits and take necessary steps for issuance of the electric connection.

4. Having regard to the above, the present writ petition is disposed of granting liberty to the petitioner to file his

4/4 online application for grant of new electric connection along with the required documents. On such online application being given, the authority shall consider the same in accordance with law and take necessary steps for issuance of new electric connection. In case, the claim of the petitioner is to be rejected, the authority shall pass speaking order duly giving the reasons for such rejection and communicate the same to the party.

5. With the above directions, the present Writ Petition stands disposed of.

(A. Abhishek Reddy, J) shakir/- U