Nagina Singh v. The Bihar State Power Holding Company Limited,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5250 of 2025 ====================================================== 1.
Nagina Singh Son of Late Rajendra Singh, Resident of Village -Nagma, Police Station- Belsar, District-Vaishali at Hajipur, at present Resident of Mohalla- Panchvati Colony, Uttari Nepali Nagar, Near Novel Public School, Ashiana Nagar, Police Station -Rajiv Nagar, District-Patna. 2.
Asha Kumari Wife of Mantu Kumar, Resident of Village- Chainpur, Post Office- Chainpur, Police Station-Turkaulua, District- East Champaran at present Resident of Mohalla-Madhuwan Puri Block- C, Gandhi Nagar, Ashiana Nagar,Police Station -Rajiv Nagar, District-Patna. 3.
Wakil Sah Son of Late Sri Bhagwan Sah, Resident of Village- Gayanpura, Post Office -Kaur, Police Station- Jagdishpur, District- Bhojpur at present Resident of Mohalla- Bajrang Vihar Colony, Behind Badhai Marriage Hall, Ashiana Nagar, Police Station- Rajiv Nagar, District- Patna. 4.
Ranjit Kumar Son of Parmeshwar Sharma, Resident of VillageMahammadpur, Police Station- Garkha, District- Saran at present Resident of Mohalla- Shaktipuram Colony, Ashiana Nagar, Police Station- Rajiv Nagar, District- Patna.
5.
Seema Kumari Wife of Amit Kumar, Resident of Village-Manjhopur, Bara Nathu Police Station- Arwal, District- Arwal at present Resident of MohallaMohalla- Madhuwan Puri Block C, Gandhi Nagar, Ashiana Nagar, Police Station -Rajiv Nagar, District-Patna.
6.
Kaushlendra Mohan Kashyap Son of Arun Kumar Jha, Resident of VillageBardaha, Police Station-Babubarahi, District- Madhubani at present Resident of Mohalla-Shaktipuram Colony, Behind Kashish Medical Hall, Ashiana Nagar, Police Station- Rajiv Nagar, District- Patna. 7.
Dharmendra Kumar Son of Kapildev Prasad, Resident of Village-Badhauna, Post Office- Konandpur, Police Station- Pakaribaranva, District- Nawada at present Resident of Mohalla- Chandra Vihar Colony, Road No. 12, Magadh Lane-1, Nepali Nagar, Police Station -Rajiv Nagar, District-Patna. 8.
Dayanand Prasad Son of Ramprit Prasad, Resident of Mohalla- Road No-1 Rajiv Nagar, P.O.- Keshri Nagar, Police Station- Rajiv Nagar, District- Patna at present Resident of Mohalla- Shaktipuram Colony, Ashiana Nagar Phase -II, Ashiana Nagar, Police Station- Rajiv Nagar, District- 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.
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.
Mr. Pratiyush Kumar, AC to SC ====================================================== 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 sub- Division, 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, 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
3/4 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 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
4/4 stands disposed of to the extent indicated above. (A. Abhishek Reddy , J) Bhardwaj/- U