Niru Kumari, v. The Bihar State Power Holding Company Limited
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4190 of 2025 ====================================================== 1.
Niru Kumari, Wife of Kumar Sudhanshu, Resident of Telha, Jalalpur, Police Station- Mow, District- Gaya at present resident of Vasant Vihar Colony, Ghurdaur Road, Police Station- Rajiv Nagar, Patna. 2.
Sarita Kumari, Wife of Manoranjan Kumar, Resident of Maudihan Baraon Kala, Dehri, barawan, Police Station- Darihat, District- Rohtas at present resident of Vasant Vihar Colony, Ghurdaur Road, Police Station- Rajiv Nagar, 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 the Respondent/s :
Mr. Vivek Prasad (Standing Counsel ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 21-03-2025 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 application of the petitioners for an electrical connection and allow them to deposit the requisite amount for supply of an
Patna High Court CWJC No.4190 of 2025(2) dt.21-03-2025 2/3 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 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 premise 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."
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 amounts and consider the same in accordance with law.
Patna High Court CWJC No.4190 of 2025(2) dt.21-03-2025 3/3
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) Gauravkr/- U