Sangita Singh v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7547 of 2024 ====================================================== Sangita Singh W/o Sunil Kumar Singh, Resident of Shaktipuran Colony, Nepali Nagar, Ashiana Phase-2, P.S.-Rajiv 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 Bihar 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, Adv.

For the Respondent/s :

Mr.Dr. Anand Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 10-05-2024 Heard the parties.

2. The present writ petition has been filed for the following relief(s) :

I. For issuance of the 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 them to deposit the requisite amount for supply of an electrical connection to the premises of the petitioner situated at Rajiv Nagar Police Station.

II. For holding that in view of the order passed by the Hon'ble Supreme Court in Civil Appeal No.7572/2011

Patna High Court CWJC No.7547 of 2024(2) dt.10-05-2024 2/3 (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.

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 mecessary direction upon the respondent provide electricity supply to the premises of the petitioner within one month of the receipt of the application of the petitioner for electric connection. authorities to 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 off with a direction to the Respondent No. 5 to accept the application made by the petitioner 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 off with a direction to the Respondent No. 5 to accept the application of the petitioner for

Patna High Court CWJC No.7547 of 2024(2) dt.10-05-2024 3/3 an electrical connection along with the requisite amount and consider the same strictly in accordance with law. The Respondent No. 5 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) Shamshad/- U