Ramashray Sahani v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6670 of 2025 ====================================================== 1.

Ramashray Sahani Son of Late Mishri Sahani, Resident of Mohalla - Mayur Vihar Colony, Khajpura Police Station-Khajpura, District- Patna, at present Resident of Mohalla- Madhuwan Puri Colony, Block-A, Gandhi Nagar, Ashiana Nagar Police Station -Rajiv Nagar, District-Patna 2.

Dharmendra Kumar Son of Shalik Gram Prasad @ Shalikgram Prasad, Resident of Mohalla- Ramnagri, Sector-04, Ashiyana Nagar Post OfficeAshiyana Nagar, Police Station- Rajiv Nagar, District- Patna at present Resident of Mohalla - Madhuwan Puri Colony, Phase-1, Gandhi Nagar, Nagar, Police Station - Rajiv Nagar, District - Patna. 3.

Sonu Kumar, Son of Bidya Ray, Resident Mohalla Yadhvanshi Nagar, Akhara Road, Dighaghat, Post Office and Police Station Digha DistrictPatna at present Resident of Mohalla- Tulshi Nagar, Ramnagri. Sector-4 Ashiana Nagar, Police Station- Rajiv District-Patna 4.

Santosh Kumar, Son of Ram Ishwar Rai @ Rameshwar Rai, Resident of Mohalla Ramjee Chak Bataganj Police Station-Digha, District Patna at present Resident of Mohalla- Mohalla Tulshi Nagar, Ramnagri, Sector-4 Ashiana Nagar, Police Station- Rajiv Nagar, District-Patna. 5.

Rakhi Kumari, Wife of Ratnesh Kumar Diwakar, D/o Parmeshwar Dayal, Resident of Village Bhikhanpura Police Station- Desri, District-Vaishali at Hajipur at present Resident Mohalla Shaktipuram Colony, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna. 6.

Yadunandan Prasad, Son of Late Banwari Choudhary, Resident of MohallaRoad No. 3, Friends Colony Ashiana Nagar, Police Station- Rajiv Nagar, District-Patna at present Resident of Mohalla- Mahavir Colony, Nepali Nagar, Ashiyana Nagar, Police Station- Rajiv Nagar, District-Patna. 7.

Suraj Kanti Kumari, Wife of Ranjeet Kumar, Resident of Village- Malsari, Police Station - Tekari District Gaya at present Resident of Mohalla- Bajrang Vihar Colony, Behind A.K. Marbal, Marbal, Near Badhai Marriage Hall Ashiana Nagar, Police Station- Rajiv Nagar, District- Patna. 8.

Anju Kumari, Wife of Ajit Kumar, Resident of Mohalla- Shekhpura, barham Asthan,line-2, Phulwari.B.V Collage. Police Station-Shekhpura, DistrictPatna at present Resident of Mohalla-Shaktipuram Colony, Near Shiv Mandir, Ashiana Nagar, Police Station-Rajiv Nagar, District- Patna. 9.

Bacchi Devi, Wife of Harilal Yadav, Resident of Mohalla 252/800, Shastri Nagar, Near Park Phulwari, Near L.B.S. Nagar Police Station- Shastri Nagar, District- Patna at present Resident of Mohalla- Shaktipuram Colony, Near Shiv Mandir, Ashiana Nagar, Police Station- Rajiv Nagar, DistrictPatna. 10.

Chandrama Yadav, Son of Ramyan Yadav, Resident of Mohalla- Rajiv Nagar, Road No. 17, Police Station- Rajiv Nagar, District- Patna at present Resident of Mohalla Resident of Mohalla-Mohalla- Tulshi Nagar, Ramnagri, Sector-4 Ashiana Nagar, Police Station-Rajiv Nagar, District- Patna. 11.

Rakhi Sinha @ Rakhi Kumari, Wife of Vinay Kumar Sinha, Resident of Mohalla- Amulya Shova Apartment, 1st Floor, Garia Station Patuli

2/4 Connecting, Near Patuli Town Ship, T Block, Garagachha, Garia, Police Station-Garia, District-South 24 Parganas, West Bengal at present Resident of Mohalla- Ashiana Digha Road, Nalapar, Opposite Manorma Bhavan, 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 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.

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 Respondent Nos.1to7:

Mr. Vivek Prasad, Adv.

:

Mr. Pratiyush Kumar, AC to SC For the Respondent/s :

Mr. Vivek Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 25-04-2025 Heard the learned counsel for 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

3/4 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 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 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 connation."

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 & 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 & 7 to accept the application of the

4/4 petitioners for an electrical connection along with the requisite amount and consider the same strictly in accordance with law. The Respondent Nos. 6 & 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) Ayush/- U