Ragini Kumari v. The Bihar State Power Holding Company Limited,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5313 of 2025 ====================================================== 1.

Ragini Kumari, Wife of Yashwant Kumar Jha, Resident of Village- Bela, Police Station- Babu Barhi, District- Madhubani at present Resident of Mohalla- Shaktipuram Colony, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna.

2.

Priya Kumari, Wife of Kamlesh Kumar Singh, Resident of VillageRudranagar, Gaudar Rudar Nagar, Ward -08, Police Station- Shahpur, District- Bhojpur at present Resident of Mohalla- Shaktipuram Colony, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna. 3.

Shailendra Kumar @ Shalendra Kumar, Son of Uma Shankar Prasad Yadav @ Uma Shankar Prasad, Resident of Village- Pali, Block- Kawakol, Pali Police Station- Kawakol, District Nawada at present Resident of MohallaShaktipuram Colony, Ashiyana Nagar, Police Station- Rajiv Nagar, DistrictPatna. 4.

Rakesh Kumar, Son of Late Nageshwar Prasad, Resident of Mohalla- Near C.R.P.F. IG Office, Adarsh Vihar Colony, West Rajiv Nagar, Police StationRajiv Nagar, District- Patna at present Resident of Mohalla- Mahavir Colony, Road No.10, Ashiyana Nagar, Police Station- Rajiv Nagar, DistrictPatna. 5.

Abhay Kumar, Son of Prem Shankar, Resident of Mohalla- Manju Niketan, D/148, Bihar Text Book Colony, Keshri Nagar, Police Station- Rajiv Nagar, District- Patna, at present Resident of Mohalla- Mahavir Colony, Road No.9, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna. 6.

Govind Kumar, Son of Vijay Singh, Resident of Mohalla- Gautam Ahilya Colony, Ashiana Nagar, Police Station- Rajiv Nagar, District- Patna at present Resident of Mohalla- Madhuwan Puri Colony, Gandhi Nagar, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna. 7.

Pushpa Devi, Wife of Prabhat Kumar, Resident of Mohalla- Road No.4, House No.48, North Patal Nagar, P.O.- Keshri Nahar, Police StationPatliputra, District- Patna at present Resident of Mohalla- Shaktipuram Colony, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna and Resident of Mohalla- Mahavir Colony, Road No.7, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna respectively. ... ... 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.

2/4 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.Sachin Kumar, Adv.

For the Respondent/s :

Mr.Vivek Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 08-04-2025 Heard the parties.

2. The present writ petition has been filed for the following relief(s) :

"(i) 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, South Bihar Power Distribution Company Limited, Digha, Patna. the Assistant Electrical Engineer, Electric Supply sub-Division, South Bihar Power Distribution Company Limited, Ashiyana, to accept the 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 & Digha Police Station, DistrictPatna. (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

3/4 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 petitioner within one mount of the receipt of the application of the petitioner for electric connection."

3. Learned counsel appearing on behalf of the respondents has stated that the present writ petition may be disposed of with a direction to the Respondent Nos. 6 and 7 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 submission, the present writ petition is disposed of with a direction to the Respondent Nos. 6 and 7 to accept the application of the petitioners for an electrical connection along with the requisite

4/4 amount and consider the same strictly in accordance with law. The Respondent Nos. 6 and 7 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) Bhardwaj/- U