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Patna High CourtCWJC/6223/2023disposed

Sapna Singh v. The South Bihar Power Distribution Company Ltd.

2023-05-01Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6223 of 2023 ====================================================== Sapna Singh Wife of Dinesh Kumar Singh Resident of East Gandhi Maidan, Bakarganj, Nalapar, Behind Mona Cinema Hall, Bankipur, P.S. Pirbahore, District-Patna.

... ... Petitioner

Versus

1.

The South Bihar Power Distribution Company Ltd. Vidyut Bhawan, Bailey Road, Patna through its Managing Director.

2.

The Chairman cum Managing Director, Bihar State Power Holding Company Ltd., Vidyut Bhawan, Bailey Road, Patna. 3.

The General Manager - cum Chief Engineer, PESU Area, Mangles Road, Patna.

4.

The Electrical Superintending Engineer, Electrical Supply Circle, PESU (East), Shivalaya Market, Ashok Raj Path, Patna. 5.

The Electrical Executive Engineer, Electrical Supply Division, Bankipur, Patna.

6.

Sub Divisional Officer (Revenue), Electric Supply Division, Bankipur, Patna.

7.

Junior Engineer, Electric Supply Division, Bankipur, Patna. 8.

Junior Engineer, Revenue Electric Supply Division, Bankipur, Patna. 9.

Pankaj Kumar son of Late Awadhesh Kumar Singh Resident of East Gandhi Maidan, Bakarganj, Behind Mona Cinema Hall, Bankipur, P.S. Pirbahore, District - Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate Mr.Praveen Kumar, Advocate For the Respondent/s :

Mr.Vinay Kirti Singh, Sr. Advocate Mr.Vijay Kumar Verma, Advocate Mr.Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-05-2023 Learned counsel for the petitioner and learned counsel for respondent nos. 1 to 8.

In the nature of the order proposed to be passed, no notice is required to be issued to respondent no. 9 at this stage. Petitioner, in the present case, is seeking a writ in the

Patna High Court CWJC No.6223 of 2023(2) dt.01-05-2023 2/3 nature of a Writ of Mandamus commanding upon the respondents to disconnect the electricity and remove the meter bearing Consumer I.D. No. 101061990 and standing in the name of Pankaj Kumar (respondent no. 9).

Learned counsel for the petitioner submits that the respondent authorities have provided the electricity connection to respondent no. 9 by violating the norms and ignoring the required documents such as stipulated in Annexure '7' to the writ application.

Learned counsel submits that the respondent no. 9 has used fabricated and invalid documents which is required to be examined by the respondent authorities.

Learned counsel for the respondents submits that in the nature of the dispute involved, this writ application may be disposed with an appropriate direction to the competent authority to take a reasoned decision after hearing both the parties.

Having heard to the grievances of the petitioner, this Court is of the considered opinion that the matter be resolved by the Electrical Executive Engineer, Electrical Supply Division, Bankipur, Patna (respondent no. 5) within a period of three months from the receipt/ production of a copy of this order.

Patna High Court CWJC No.6223 of 2023(2) dt.01-05-2023 3/3 Respondent no. 5 shall hear both the parties, consider all documentary evidences which will be placed before him and shall take a reasoned decision thereon in the light of Annexure '7' which provides the requirement for obtaining a new connection.

This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) tusharika/- U