Veena Devi v. The Bihar State Power Holding Company Limited
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3241 of 2024 ====================================================== 1.
Veena Devi Wife of Late Rambharosh Pandit, Resident of Village - Nonpharawa, P.S. - Patahi District- East Champaran, at present Resident of Gandhi Nagar, Nepali Nagar, Police Station - Rajiv Nagar, District- Patna. 2.
Shashi Bhushan Sharma, Son of Ram Naresh Sharma, Resident of VillageMohanpur, P.O.- Kishunpur Mohini, P.S. - Kudhni, District - Muzaffarpur. At present Resident of Magadh Colony, Near S.S.B. Camp, Ghurdur Road, P.O. - Digha Ghat, P.S. Rajiv Nagar, Patna.
3.
Smt. Urmila Devi, Wife of Shashi Bhushan Sharma, Resident of VillageMohanpur, P.O.- Kshunpur Mohini, P.S. - Kudhni, District - Muzaffarpur. At present Resident of Magadh Colony, Near S.S.B. Camp, Ghurdur Road, P.O. - Digha Ghat, P.S. Rajiv Nagar, 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.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sachin Kumar, Advocate For the Respondent/s :
Mr.Vinay Kirti Singh, Sr. Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 08-04-2024 Heard learned counsel for the parties.
2. The present Writ Petition has been filled for the following reliefs:- "(i) For issuance of a writ in the nature of mandamus commanding the respondent authorities, particularly respondent no. 5 to accept the
Patna High Court CWJC No.3241 of 2024(3) dt.08-04-2024 2/3 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, District- Patna.
(ii) For holding that in view of the order passed by the Hon'ble Supreme Court in Civil Appeal No. 7572/2011 (Si 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 respondents has stated that the writ petition may be disposed off with a direction to the Respondent No. 5 to accept the application made by the petitioner along with the requisite
Patna High Court CWJC No.3241 of 2024(3) dt.08-04-2024 3/3 amounts and consider the same in accordance with law.
4. Having regard to the above made submissions, the present writ petition is disposed off with a direction to the Respondent No. 5 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 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 petitioner stands disposed off to the extent indicated above. (A. Abhishek Reddy , J) Bhardwaj/- U