Renu Kumari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3980 of 2023 ====================================================== Renu Kumari Singh Wife of Sanjiv Kumar Pandit, Resident of R/M- Samiksha Store, Devi Sthan Gali, Behind F.B. Mall, Anandpuri, P.S.- S.K. Puri, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Energy Department, Government of Bihar, Patna.

2.

The General Manager, South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna-1, 3.

The Electric Executive Engineer, PESU, Electric Supply Division, Nutan Rajdhani, Patna. 4.

The Junior Engineer Electrical MLA Flat, Patna. 5.

The S.D.M. (House Controller), Patna.

6.

Annup Gaurav S/o Dr. A.P. Gupta, Resident of R/M- Nageshwar Colony House No. 58, Boring Road, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh, Advocate Mr. Shiv Pratap, Advocate For the S.B.P.D.C.L.

:

Mr. Anand Kumar, Advocate Mr. Rajan Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 17-04-2023 The petitioner, by way of this writ petition, has prayed for issuing directions to respondent No. 4 to restore electricity supply permanently in her rented house without taking any consent from the private respondent (lessor). It is stated that the private respondent has forcibly and arbitrarily and without any cogent reason disconnected the electric and water supply of the rented house of the petitioner, and the electricity department is not willing to restore the connection without the permission of the lessor. He further prays to direct the respondent no. 3 to extend the time period of one month of regular supply of electricity, which was granted to the petitioner vide order

Patna High Court CWJC No.3980 of 2023 dt.17-04-2023 2/2 dated 17.01.2023.

2. I have considered the submissions. Vide order dated 17.01.2023, the S.D.O. Patna has passed an interim order directing the respondent to restore the electricity connection and water connection of the rented premises or, in the alternative, the applicant would be entitled to restore the said connections at its own cost. The order passed by the S.D.O., Patna Sadar dated 17.01.2023 is the interim order and the case is pending before the said Court. While the said matter is pending, the present writ petition has been filed with the aforesaid prayers.

3. In the opinion of this Court, the writ petition is wholly misconceived and frivolous. Once the matter is pending before a competent Court in which any interim order has also been passed in favour of the petitioner, the writ petition would not lie and is, accordingly, dismissed.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 14 AFR/NAFR CAV DATE Uploading Date 18.04.2023 Transmission Date