Ajay Kumar Singh v. The Bihar State Power Holding Company Limited
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7406 of 2025 ====================================================== 1.
Ajay Kumar Singh Son of Late Baleshwar Singh, Resident of Village -Nandmura, Namd Mura, Police Station-Siswan, District-Siwan, at present Resident of Mohalla- Gandhi Nagar, Bhind Kashish Medical, Ashiana Nagar, Police Station -Rajiv Nagar, District-Patna 2.
Babita Devi Wife of Ganga Kumar Patel @ Ganga Patel, Resident of Village-Bakuhara, Ratanmala, Post Office-Ratanmala, Police StationSenwariya, District- West Champaran at present Resident of MohallaMadhuwan Puri Block- C, Gandhi Nagar, Ashiana Nagar, Police Station -Rajiv Nagar, District-Patna 3.
Raj Kumar, Son Vinod Kumar Singh Resident of Village Near Shiv Temple. Baghakot, Police Station Vikaram, District- Patna at present Resident of Mohalla- Shaktipuram Colony, Near Shiv Mandir, Ashiana Nagar, Police Station- Rajiv Nagar, District-Patna.
4.
Upendr Kumar Son of Ramchandar Prasad Resident of Mohalla- Surya Vihar Colony, Ashiana Nagar, Police Station-Rajiv Nagar, District- Patna, at present Resident of Mohalla-Shaktipuram Colony, Ashiana Nagar, Police Station- Rajiv Nagar, District- Patna.
5.
Kaushalya Devi Wife of Jogindar Sao Resident of Village- Hemantchak Police Station- Naubatpur, District-Patna at present Resident of MohallaJagdeep Market, Ashiana Digha Road, Opp. West Point Public School, Ashana Nagar, Police Station -Rajiv Nagar, District-Patna 6.
Nrityunjay Kumar Singh Son of Raj Kumar Singh Resident of Mohalla- Flat No. 305,Shyam Villa, Indra Nagar, Boring Canal Road, Anand Puri Police Station- S.K Puri, District-Patna at present Resident of MohallaShaktipuram Colony, Ashiana Nagar, Police Station- Rajiv Nagar, DistrictPatna 7.
Raj Kumar Saw, Son of Jagdish Saw Resident of Village-Badhauna Post Office- Konandpur, Police Station-Pakaribaranva, District- Nawada at present Resident of Mohalla-Jagdeep Market, Ashiana Digha Road, Opp. West Point Public School, Ashiana Nagar, Police Station -Rajiv Nagar, District-Patna 8.
Reshmi Kumari wife of Shidnath Prasad, D/o Gopal Kumar Resident of Mohalla- Dariyapur Gola, Mohartola, Police Station- Kotwali, DistrictPatna at present Resident of Mohalla-Tulsi Nagar, Ramnagri Sector 4. Ashiana Nagar, Police Station- Rajiv Nagar, District- Patna ... ... Petitioner/s
Versus
1.
The Bihar State Power Holding Company Limited through its Chairman, Vidyut Bhawan, Baili 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.
Patna High Court CWJC No.7406 of 2025(2) dt.13-05-2025 2/3 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 For the Respondent/s :
Mr.Vivek Prasad For the BSPHCL :
Mr. Anand Kumar Mr. Rajan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 13-05-2025 Heard learned counsel for the parties.
2. The present Writ Petition has been filled for the following reliefs:- "(i) For issuance of a writ in the nature of mandamus commanding the respondent authorities, particularly respondents no. 6 and 7 to accept the application of the 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 at Rajiv Nagar Police Station- Digha, DistrictPatna. (ii) For holding that in view of the order passed by the Honable 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 a month of the 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,
Patna High Court CWJC No.7406 of 2025(2) dt.13-05-2025 3/3 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 month 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 writ petition may be disposed off with a direction to the Respondents No. 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 submissions, the present writ petition is disposed off with a direction to the Respondents No. 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 Respondents No. 6 and 7 are 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 off to the extent indicated above. (A. Abhishek Reddy , J) Saif/- U