Kumari Monika v. The Bihar State Power Holding Company Limited
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10307 of 2025 ====================================================== 1.
Kumari Monika wife of Vikas Kumar, Daughter of Bindhyachal Roy, Resident of Village-Araji Sahwajpur, Post Office-Harauli, Police StationHajipur Sadar, District-Vaishali at Hajipur at present Resident of MohallaTulsi Nagar, Ramnagari Sector-4, Gandhi Nagar, Ashiyana Nagar, Police Station-Rajiv Nagar, District-Patna.
2.
Rubi Devi @ Rubi Kumari, Wife of Amalpushpa Pandey, Resident of Village and Post Office and Police Station-Pandeybara, District-Hazaribagh (Jharkhand) at present Resident of Mohalla-Shaktipuram Colony, Ashiyana Nagar, Police Station-Rajiv Nagar, District-Patna. 3.
Kajal Kumari, D/o Atal Bihari Singh, Wife of Yuvraj Singh, Resident of Mohalla-Shivganj, Post Office-Sheoganj, Police Station-Town Thana, District-Bhojpur (Arrah), at present resident of Mohalla-Mahavir Colony, Road No. 7, Ashiyana Nagar, Police Station-Rajiv Nagar, District-Patna. 4.
Aman Chourasiya, Son of Late Gopal Chourasiya, Resident of MohallaHouse No. C-15, Indrapuri Colony, Rukanpura, P.O.-B.V. College, Police Station-Rupaspur, District-Patna at present resident of Mohalla-Tulsi Nagar, Ramnagri Sector-4, Ashiyana Nagar, Police Station-Rajiv Nagar, DistrictPatna. 5.
Nitu Devi, wife of Manoj Kumar, Resident of Mohalla-20 Khokhna Sultanpur, P.O.-Sultanpur, Police Station-Fatwah, District-Patna, at present Resident of Mohalla-Behind A.K. Marval, Ashiyana Digha Road, Ashiyana Nagar, Police Station-Rajiv Nagar, District-Patna. 6.
Ajay Kumar, son of Ramashish Singh, Resident of Mohalla-Yadopur Road, Ward No. 12, Post Office and Police Station-Gopalganj, District-Gopalganj, at present Resident of Mohalla-Shaktipuram Colony, Near Bablu Kirana Store, Ashiyana Nagar, Rajiv Nagar and Shaktipuram Colony, Near Mukhiya Ji, Ashiyana Nagar, Police Station-Rajiv Nagar, District-Patna. 7.
Puja Kumari, Wife of Suraj Kumar, Resident of Mohalla-Mayka Colony, Digha Hat, Post Office and Police Station-Digha, District-Patna, at present resident of Mohalla-Anand Vihar Colony, Near Novel Elementary School, East Gandhi Nagar, Ashiyana Nagar, Police Station-Rajiv Nagar, DistrictPatna. 8.
Rajiv Kumar, Son of Birendra Saw, Residence of Village and Post OfficeSadisopur, Police Station-BIhta, at present resident of Mohalla-Tulsi Nagar, Ramnagari Sector-4, Ashiyana Nagar, Police Station-Rajiv Nagar, DistrictPatna. 9.
Sudha Kumari, Wife of Shambhu Sharan Pandey, Resident of VillageBahranwan, Lakhisarai, Police Station-Lakhisarai, District-Lakhisarai, at present resident of Mohalla-Chandra Vihar Colony, Road No. 14, Nepali Nagar, Ashiyana Nagar, Police Station-Rajiv Nagar, District-Patna. 10.
Ashok Kumar Akela, son of Late Jitendra Prasad @ Jitan Ray, Resident of Mohalla-Digha Ghat, Chauhatta, Post Office-Digha Ghat, Police StationDigha, District-Patna at present resident of Mohalla-Mahavir Colony, Nepali Nagar, Road No. 2, Ashiyana Nagar, Police Station-Rajiv Nagar, DistrictPatna.
2/4 11.
Ravi Kumar Rajak, son of Ramrup Rajak, Resident of Mohalla-Bigpost Office, Post Office and Police Station-Sultanganj, District-Bhagalpur, at present resident of Mohalla-Mahavir Colony, Road No. 9, Ashiyana Nagar, Police Station-Rajiv Nagar, District-Patna.
12.
Uday Kumar Singh, Son of Rekha Singh, Resident of Village-Bindu Bigha, Post Office and Police Station-Haidar Nagar, District-Palamau (Jharkhand) at present Resident of Mohalla-Mahavir Colony, Road No. 9, Ashiyana Nagar, Police Station-Rajiv Nagar, District-Patna. 13.
Mala Rai @ Mala Ray, son of Late Jagar Rai, Resident of Village and Post Office-Manas Nayaparapur, Police Station-Danapur, District-Patna, at present resident of Mohalla-Ashiyana Digha Road, Near Daddan Handi Ashiyana Nagar, Police Station-Rajiv Nagar and Ashiyana Digha Road, Near Chandra Vihar Colony, P.S. Ashiyana Nagar, Rajiv Nagar, DistrictPatna. ... ... 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 Limited through its Managing Director, Vidyut Bhawan, Bailey Road, Patna. 3.
The General Manager cum Chief Engineer, Patna Electric Supply Union, Bailey Road, Patna.
4.
The Executive Engineer, Electric Supply Division, Danapur, Patna. 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, Ashiyhana, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachin Kumar, Advocate.
For the Respondent/s :
Mr. Vivek Prasad, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 02-07-2025 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
3/4 mandamus commanding the respondent authorities, particularly respondent no. 6 & 7 i.e. the Assistant Electrical Engineer, Electric Supply sub- Division, South Bihar Power Distribution Company Limited, Digha, Patna. The Assistant Electrical Engineer, Electric Supply sub- Division, South Bihar Power Distribution Company Limited, Ashiyana, to accept the application of 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 Rajiv Nagar Police Station & 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 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 one month of receipt of the application.
(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 petitioner within one mount of the receipt of the application of the petitioner for electric connection."
3. Learned counsel appearing on behalf of the
4/4 respondents has stated that the present writ petition may be disposed of with a direction to the Respondent Nos. 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 submission, the present writ petition is disposed of with a direction to the Respondent Nos. 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 Respondent Nos. 6 and 7 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) shakir/- U