Rakesh Kumar v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8872 of 2024 ====================================================== 1.

Rakesh Kumar, Son of Minnat Ram Bhagat, Resident of -G1, Raj Apartment, Ashiyana Digha Road, Magistrate Colony More, Police Station, Rajiv Nagar, Patna at present resident of Vasant Vihar Colony, Uttri Nepali Nagar (Atal Nagar), Police Station- Rajiv Nagar, Patna. 2.

Surendra Rai, Son of Late Vishwanath Rai, Resident of -Uma Vihar Colony, Pappu Manjhi Gali, Police station, Digha, Patna. 3.

Ravi Shankar Sinha, Son of Late Suresh Prasad Sinha, Resident of - Vasant Vihar Colony, Ward No. 2, Uttri Nepali Nagar (Atal Nagar), Police StationRajiv Nagar, Patna. 4.

Ranju Gupta, Wife of Shri Shrawan Kumar, Resident of- Vasant Vihar Colony, Uttri Nepali Nagar (Atal Nagar), Police Station- Rajiv Nagar, 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 Limited, Baily Road, Patna. 4.

The Executive Engineer, Electric Supply Division, South Bihar Power Distribution Company Ltd., Digha, Patna.

5.

The Assistant Electric Engineer, Electric Supply Sub Division, South Bihar Power Distribution Company Ltd., Digha, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gyan Prakash, Adv.

Ms. Parul Priya, Adv.

For the Respondent/s :

Mr.Vinay Kirti Singh, Sr. Adv.

Mr. Ajay Kr. Gautam, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 25-07-2024 Heard 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

Patna High Court CWJC No.8872 of 2024(2) dt.25-07-2024 2/3 authorities, particularly respondent no.5 to accept the application of the petitioners for an electrical connection and allow them to deposit the requisite amount for supply of an electrical connection to the premises of the petitioners situated Rajiv Nagar, 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 & Ors.), 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 Clause4.13(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 petitioners within one month of the receipt of the application of the petitioners for electric connection."

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

Patna High Court CWJC No.8872 of 2024(2) dt.25-07-2024 3/3 present writ petition is disposed off with a direction to the Respondent No. 5 to accept the application of the petitioner for 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) Bhardwaj/- U