Durga Kumar v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 6084 of 2024 ====================================================== Durga Kumar S/o Sri Subhash Prasad, Resident of Adarsh Colony, Panch Mandir Road, West Patel Nagar, P.S.- Shastri Nagar, District- Patna. ... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Limited through its Chairman,Vidyut Bhawan, Bailey Road, Patna.

2.

The South Power Distribution Company Ltd. 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 Ltd. Bailey Road, Patna. 4.

The Executive Engineer, Electric Supply Division, South Bihar Power Distribution Company Ltd., Ashiana, Patna.

5.

The Assistant Electric Engineer, Electric Supply Sub-Division, South Bihar Power Distribution Company Ltd. Ashiana, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Satyendra Rai, Advocate For the Respondent/s :

Mr Ajay Kr Gautam, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE A ABHISHEK REDDY ORAL ORDER 22-04-2024 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 5 to accept the application of the petitioner for an electrical connection and allow him to deposit the requisite amount for supply of an electrical connection to the shop of the petitioner situated at Rajiv Nagar Police Station.

II For holding that in view of the order passed by the Hon'ble Supreme Cdourt in Civil Appeal No 7572/2011 (Sri Chandu Khamaru Vs

Patna High Court CWJC No.6084 of 2024(2) dt.22-04-2024 2/3 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 a month.

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 shop premises of the petitioner within one month of the receipt of the application of the petitioner for electric connection.

V For any other relief(s) for which the petitioner is entitled to."

3 Learned counsel appearing on behalf of the respondents has stated that the present writ petition may be disposed of with a direction to Respondent No 5 to accept the applications made by the petitioner along with the requisite amount 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 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. Respondent No 5 is directed to consider the said application within a period

Patna High Court CWJC No.6084 of 2024(2) dt.22-04-2024 3/3 of four weeks from the date of receipt of a copy of this order. 5 With the above directions, the present writ petition stands disposed of to the extent indicated above. (A Abhishek Reddy, J) M.E.H./- U