Manoj Kumar v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2661 of 2025 ====================================================== 1.

Manoj Kumar Son of Late Nasib Lal Ray, resident of Haripur Colony, Post and Police Station - Digha, District- Patna at present resident of Near May Flawer School, Digha - Ashiyana Road, Police Station- Digha, District - Patna.

2.

Samrendra Prasad @ Samarendra Prasad, Son of Kaladhar Singh, resident of Dariapur, Gangachak, Post and Police Station- Bhagwanganj, Masaurhi, District - Patna at present resident of Polson Road, Police Station- Digha, District - Patna.

3.

Hari Shankar, Son of Khobhari Sah, resident of Shiv Shakti Nagar, Police Station- Kokar, District- Ranchi, Jharkhand, at present resident of Raj Nagar, Police Station - Rajiv Nagar, Ghurdaur Road Chauraha, District- Patna. ... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Limited through its Chairman, Vidyut Bhawan, Baily Road, Patna.

2.

The South Bihar Power Distribution Company Limited, through its Managing Director, Vidyut Bhawan, Bailey Road, Patna. 3.

The General Manager-cum-Chief Engineer, Patna Electric Supply Union, South Bihar Power Distribution Company Limited, Bailey Road, Patna. 4.

The Executive Engineer, Electric Supply Division, South Bihar Power Distribution Company Limited, Danapur, Patna. 5.

The Assistant Electric Engineer, Electric Supply Sub-Division, South Bihar Power Distribution Company Limited, Digha, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyan Prakash, Adv.

For SBPDCL :

Dr. Anand Kumar, Adv.

:

Mr. Rajan Prakash, Adv.

For the Respondent/s :

Mr. Vivek Prasad (Standing Counsel ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 25-02-2025 Heard the learned counsel for the parties.

The present writ petition has been filed for the following reliefs:- "I. For issuance of a writ in the nature of mandamus commanding the respondent authorities, particularly

Patna High Court CWJC No.2661 of 2025(2) dt.25-02-2025 2/3 respondent no. 5 to accept the application of the petitioners for an electrical connection and allow them to deposit the requisite amount for supply of an electrical connection to the premises of the petitioners situated at Rajiv Nagar and 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 Clause4.13(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 petitioners within one month of the receipt of the application of the petitioners for electric connection.

V. For any other direction, which Your Lordships may deem fit and proper in the facts and circumstances of the case."

3. Learned counsel appearing on behalf of the respondents has stated that the writ petition may be disposed of with a direction to the Respondent No. 5 to accept the application made by the petitioners along with the requisite amounts and consider the same in accordance with law.

4. Having regard to the above made submissions, the

Patna High Court CWJC No.2661 of 2025(2) dt.25-02-2025 3/3 present writ petition is disposed off with a direction to the Respondent No. 5 to accept the application of the petitioners for an electrical connection along with the requisite amount and consider the same strictly in accordance with law. The Respondent No 5 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) Ayush/- U