Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8959 of 2020 ====================================================== Manish Kumar Son of Late Santosh Prasad Permanent Resident of VillageKakhra, P.S.-Noorsarai, District-Nalanda and at Present residing at Flat No. 90, Mohalla-Lohianagar, P.C. Colony, Sector-F, Ward No. 33, P.S.- Kankarnbagh, Anchal-Patna Sadar, District-Patna. ... ... Petitioner

Versus

1.

The State of Bihar through its Secretary, Department of Energy, Govt. of Bihar, Patna.

2.

The Chairman-Cum-Managing Director, South Bihar Power Distribution Companuy, Vidyut Bhawan, Bailey Road, Patna.

3.

The Chief Engineer (Commercial), South Bihar Power Distribution Company, Vidyut Bhawan, Bailey Road, Patna.

4.

The Executive Electrical Engineer, Kankarbagh Sub Division, Main Road, Kankarbagh, Patna.

5.

The Sub Divisional Electrical Officer, South Bihar Distribution Company Limited, Power Sub Station, Kankarbagh Jogipur, Bankman's Colony, Patna. 6.

The Junior Electrical Engineer, South Bihar Distribution Company Limited, Power Sub Station, Kankarbagh Jogipur, Bankman's Colony, Patna. 7.

Kalyani Devi Wife of Sri Pramod Kumar, Advocate Resident of MohallaLohiya Nagar, Sector- F, House No.- 90, Peoples Co-operative Housing Society Ltd., Kankarbagh, Patna- 800020.

8.

Manjita Sinha Wife of Sri Ritesh Kumar, Advocate, Resident of MohallaLohiya Nagar, Sector- F, House No.- 90, Peoples Co-operative Housing Society Ltd., Kankarbagh, Patna- 800020.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Narayan, Sr. Advocate Mr. Anirudh Kumar Sinha, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate Mr. Yogendra Prasad Sinha, AAG-7 Mr. Prakash Kumar, Advocate Mr. Rajesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 17-12-2021 This matter has been taken up for hearing online

Patna High Court CWJC No.8959 of 2020(18) dt.17-12-2021 2/3 because of COVID-19 pandemic restrictions.

Following is the relief which the petitioner is seeking in the present writ application :- "That the instant writ application is being filed for issuance of a writ/writs, direction/directions, order/orders to the respondents for give supply of electricity to the premises of occupier petitioner Flat No.

90, Mohalla-Lohianagar, P.C. Colony, SectorF, Ward No. 33, P.S.- Kankarbagh, AnchalPatna Sadar, District- Patna. Respondent has without any due information disconnected and remove the electric supply wire and meter from the premises on 28.09.2020, which connection was bearing Consumer No.

101112344, Service Consumer Account No.

010102208075D in the name of petitioner's uncle Pramod Kumar. Thereafter application dated 19.10.2020 for new connection in the name of the petitioner has been rejected by the respondent without any cogent reason, in spite of evidence of occupier has attached with application. Further prayed for compensation to the petitioner for without information remove the electric connection.

Further not provide new connection."

A counter affidavit has been filed on behalf of the South Bihar Power Distribution Company Limited stating

Patna High Court CWJC No.8959 of 2020(18) dt.17-12-2021 3/3 specifically in paragraphs 8 and 9 that the petitioner has not submitted relevant documents as required under Clause-4.13(A) of Bihar Electricity Supply Code, 2007.

The said averment has not been controverted by the petitioner.

In such circumstance, we are not inclined to entertain the prayer made by the petitioner in the writ application.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner shall take steps for furnishing the documents as required in terms of Clause-4.13(A) of Bihar Electricity Supply Code, 2007. He shall be at liberty to do so. If he does so, the respondents shall proceed accordingly in accordance with law.

This application stands disposed of accordingly. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) K.K.RAO/Rajesh U