Abhayanand Rajak v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6667 of 2026 ====================================================== 1.

Abhayanand Rajak Son of Mohan Rajak, C/o-Sanjay Rajak, Resident of Mohalla-Braham Stahan Road, Sheikhpura Bagich, Jagdamba Place, P.O.- B.V. Collage, Sheikhpura, Police Station-Sheikhpuras, District-Patna, at present residing at Mohalla- Mahaveer Colony, Road No. 2, Ashiana, Police Station-Rajiv Nagar, District-Patna-800011.

2.

Poonam Kumari, D/O- Birendra Rajak, wife of Anshu Kumar, Resident of Village- Karsa, Post Office and Police Station-Bikaram, District- Patna, at present Resident of Mohalla- Panchvati Colony, 90 feet Road, Ashiana Nagar, Police Station- Rajiv Nagar, District- Patna-25. 3.

Mintu Devi, wife of Mukesh Ray, Resident of Mohalla- Bhikhanpur, Post Office- Bhikhanpur, B Factory, Police Station- Ahyiyapur, DistrictMuzaffarpur, at present residing at Mohalla- Mahaveer Colony, Road No. 10, Ashiana Nagar, Police Station-Rajiv Nagar, District-Patna-800025. 4.

Bimal Kumar Singh, Son of Prabhu Dayal Singh, Resident of Mohalla- Devi Mandir, Banskothi, Post Office and Police Station- Digha, District- Patna800011, at present Resident of Mohalla- Polson Road, Near SSB Camp, Netaji Subhash Marg, Police Station- Digha, District- Patna. 5.

Pratima Kumari, wife of Deepak Kumar, Resident of Mohalla- Road No. 24, Ram Nihora Ray Path, S.V.M. School, Digha Ashiyana Road, Post OfficeKarpuri Sadan Police Station-Rajiv Nagar, District-Patna, at present Resident of Mohalla- Ramnagri Sector- 4, Tulshi Nagar, Nepali Nagar, Police Station- Rajiv Nagar, District- Patna-25. 6.

Deepak Kumar Dubey, Son of Murari Mohan Dubey, Resident of MohallaChandra Vihar Colony, Ashiyana Digha Road,, Police Station- Rajiv Nagar, District- Patna-800025, at present Resident of Mohalla- Ashiyana Digha Road, Gourdor road, Police Station- Digha, District- Patna. 7.

Raushan Kumar, Son of Trishuldhari Singh, Resident of VillageNarsinghpur, Post Office- Gilani, Police Station- Jayrampur, DistrictSheikpura, at present Resident of Mohalla- Polson Road, Near SSB Camp, Netaji Subhash Marg, Police Station- Digha, District- Patna. ... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Limited through its Chairman, Vidyut Bhawan, Baliey Road, Patna-800001 (Bihar). 2.

The South Bihar Power Distribution Company Limited through its Managing Director, Vidyut Bhawan, Baliey Road, Patna-800001 (Bihar). 3.

The General Manager-cum-Chief Engineer, Patna Electric Supply Union, South Bihar Power Distribution Company Limited, Bailey Road, Patna (Bihar).

4.

The Executive Engineer, Electric Supply Division, South Bihar Power Distribution Company Limited, Danapur, Patna (Bihar). 5.

The Assistant Electrical Engineer, Electric Supply sub- Division, South Bihar Power Distribution Company Limited, Digha, Patna(Bihar).

2/5 6.

The Assistant Electrical Engineer, Electric Supply sub- Division, South Bihar Power Distribution Company Limited, Ashiyana, Patna (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachin Kumar, Advocate.

For the Respondent/s :

Mr. Vivek Prasad, Advocate.

Mr. Shrekant Sharan Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 30-04-2026 Heard the learned counsel for 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 & 6 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, Patna (Bihar), 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

3/5 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 connection."

3. The petitioners have filed the present writ application for a direction upon the respondent nos. 5 & 6 i.e. the Assistant Electrical Engineer, Electric Supply Sub Division, South Bihar Power Distribution Company Limited, Digha, Patna and the Assistant Electrical Engineer, Electric Supply Sub Division, South Bihar Power Distribution Company Limited, Ashiyana, Patna (Bihar) respectively to accept the applications of the petitioners for installation of electric connection in the houses of the petitioners and allow the petitioners to deposit the requisite fees/amount for installation of electric connection at

4/5 the premises of the petitioners situated at Rajiv Nagar Police Station, Patna.

4. Learned counsel for the petitioners submits that the petitioners tried to submit on-line application for new electric connection but the said on-line applications have not been accepted. The petitioners have been informed that electric connection to the premises situated in Rajiv Nagar Area shall not be allowed.

5. Learned counsel relies upon Clause 4.13(B) of Chapter 4 of Bihar Electricity Supply Code, 2007, which requires the respondents to grant electric connection even on encroached Government / Semi Government / Public land subject to furnishing of documents as required under the Supply Code. Learned counsel submits that the petitioners are ready to furnish all the documents along with requisite fees as required under Clause 4.13(B) of Chapter 4 of Bihar Electricity Supply Code, 2007.

6. Mr. Vivek Prasad, learned counsel for South Bihar Power Distribution Company Limited submits that if the petitioners submit on-line application for grant of electric connection along with all the requisite documents as per the Bihar Electricity Supply Code, 2007, the respondents no. 5 & 6

5/5 shall consider the applications of the petitioners in accordance with law and take appropriate decision within a period of one month.

7. Having heard learned counsel for the parties and taking into consideration the rival submissions, the present writ application is disposed with a direction to the petitioners to submit on-line application along with all the requisite documents within a period of two weeks from today and if such on-line applications are filed by the petitioners, the respondent nos. 5 & 6 shall be obliged to consider the same in accordance with law and take appropriate decision within one month on the application of the petitioners.

8. With the above directions, the Writ Petition stands disposed of.

(A. Abhishek Reddy, J) shakir/- U