Shweta Singh And ORS v. The Bihar State Power Holding Company Limited Through Its Chairman And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12526 of 2017 ===========================================================

1. Shweta Singh w/o Pappu Kumar Singh.

2. Suman Kumar son of Late Kameshwar Nath Sahay.

3. Yugeshwar Vishwakarma son of Badri Mistri.

4. Maya Chaudhari son of Late Bundela Chaudhary.

5. Dileep Kumar son of Late Yogendra Rai.

6. Lalan Jha son of Late Nand Kumar Jha.

7. Santosh Kumar son of Late Madan Lal.

8. Ajeet Kumar son of Vinod Singh.

9. Sanjay Ram son of Arjun Ram.

10. Raj Kishore Gupta son of Late Ram Kumar Saw.

11. Urmila Devi w/o Ramesh Yadav.

12. Hari Saw son of Late Rambrat Saw.

13. Surendra Shah son of Punkal Sah.

All are resident of Bajrang Vihar Colony, Utari Nepali Nagar, Sector- 7, Police Station- Rajiv Nagar, Distict- Patna.

14. Sanjay Kumar son of Ajay Kumar Yadav, resident of Chandra Vihar Colony, Police Station- Rajiv Nagar, District- Patna.

15. Sunita Devi w/o Manoj Kumar, resident of Uma Vihar Colony, Ghurdaur Road, Police Station- Digha, District- Patna.

16. Mala Singh w/o Ajit Kumar Singh, r/o Ward no. 1, Mahadeo Nagr, Ghurdaur Road, Police Station- Rajiv Nagar, District- Patna. .... .... Petitioner/s

Versus

1. The Bihar State Power Holding Company Limited through its Chairman, Vidyut Bhawan, Baily Road, Patna.

2. The General Manager-cum- Chief Engineer, Patna Electric Supply Union, Baily Road, Patna.

3. The Executive Engineer, Electric Supply Division, Danapur, Patna.

4. The Assistant Electrical Engineer, Electric Supply Sub- Division, Digha, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Gyan Prakash For the Respondent/s : Mr. Vinay Kirti Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 15-09-2017 This writ application is confined only to petitioner no.1, namely, Shweta Singh.

Learned counsel for the petitioner submits that he has

Patna High Court CWJC No.12526 of 2017 dt.15-09-2017 deposited the court fee of rest of the petitioners, if these petitioners file their respective writ application, the court fee, filed in this writ application, will be deemed to have been filed in those cases. Heard learned counsel for the parties.

In the present case, the petitioner has constructed her house at Khata No. 897, Plot No. 1447 within Rajiv Nagar police station area. A grievance has been raised by the petitioner that she fulfills all the conditions but, the Power Holding Company refused to grant electric connection in the house which has been constructed by her. The application for connection of power has been refused on the ground that some higher authority has prevented to accept the same. As per claim of the Power Holding Company, power cannot be granted to the petitioner as she has constructed the house over land, in question, illegally and, as such, she is not entitled for power connection.

Already the Power Holding Company has amended its regulation in terms of the order of Hon'ble Apex Court, even a Panwala and Jhugi-Jhopriwala has been made entitled for the power connection. In that view of the matter, let the petitioner is directed to file an application along with details of the land before the competent authority of the Power Holding Company. If an application is filed by the petitioner, the Power Holding Company will be obliged to grant

Patna High Court CWJC No.12526 of 2017 dt.15-09-2017 power connection to the petitioner subject to deposit of fee and charges as per law but, this order will not create any semblance of any right, title and possession over the property but, it will be always subject to the result of any suit/proceeding before any court or the authority.

With the aforementioned observation, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.09.2017 Transmission Date NA