Nandani Kumari v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9171 of 2026 ====================================================== 1.

Nandani Kumari Wife of Suraj Prakash, Resident of Mohalla Chandra Bhawan, Ward-13, Pataleshwar Mandir, Bharat Raut, Katra, Police StationHajipur Town, District- Vaishali at Hajipur at present Resident of MohallaPlot No.-2827, Road No.-24, Rajiv Nagar, Keshri Nagar, Ward No- 6, Police Station- Rajiv Nagar, District- Patna -800024. 2.

Satendar Kumar, Son of Late Kisundev Singh, Resident of VillageHariharpur, Post- Hariharpur, Police Station-Pupari, District-Sitamarhi843320, at present Resident of Mohalla- Plot No.- 2843, Road No. -24E, Rajiv Nagar, Ward No-6,Police Station- Rajiv Nagar, District- Patna800024. 3.

Hari Shankar Kumar, Son of Devendra Prasad Singh, Resident of Mohalla - R.B. Enclave, Flat No.402, East Lohanipur More, Opp Uma Plaza, Kadamkuan Police Station-Kadamkuan, District-Patna-800003 at present Resident of Mohalla- Chandra Vihar Colony, Road No-6, Ashiyana Nagar Police Station- Rajiv Nagar, District- Patna -800025. 4.

Sweta Sinha, Wife of Ajay Prakash, Resident of Mohalla - Gowardhan Marg, Shiv Colony, Machhli Gali, Raja Bazar, Police Station-Rukanpura, District-Patna-800014 at present Resident of Mohalla- Chandra Vihar Colony, Ashiyana Nagar Police Station- Rajiv Nagar, District-Patna -800025.

5.

Dr. Anil Singh, Son of Late N.K. Singh, Resident of Village- Amberhai Chhawla, Fist Flor Samta Enclave Block-D, Post Office and Police StationChhawla, District- South West Delhi in the State of Delhi, Pin 110071 at present Resident of Mohalla- Pahawan Chowk(Hari Narayan Path), Gandhi Nagar, Ram Nagari Sector-4 Police Station- Rajiv Nagar, District- Patna-25. 6.

Sarita Devi, Wife of Nawalkishor Jha, Resident of Village Baghari Ward- 15, Baghari, Police Station-Runni Saidpur, District-Sitamarhi at present Resident of Mohalla- Tulsi Nagar, Ram nagri Sector-4, Ashiyana Nagar Police Station- Rajiv Nagar, District- Patna -800025. 7.

Harendra Kumar, Son of Late Krishna Murari Singh, Ward No. 03, Resident of Village-Faridapura, Police Station Naubatpur, District- Patna at present Resident of Mohalla- Aastha Colony 90 feet Road, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna-25.

... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Limited through its Chairman, Vidyut Bhawan, Baliey Road, Patna-800001 (Bihar). 2.

The South Bihar Power Distribution Company Limited, through its Managing Director, Vidyut Bhawan, Baliey Road, Patna-800001 (Bihar). 3.

The General Manager-cum-Chief Engineer, Patna Electric Supply Union, South Bihar Power Distribution Company Limited, Bailey Road, Patna (Bihar).

4.

The Executive Engineer, Electric Supply Division, South Bihar Power

2/5 Distribution Company Limited, anapur, Patna (Bihar). 5.

The Assistant Electrical Engineer, Electric Supply sub- Division, South Bihar Power Distribution Company Limited, Digha, Patna (Bihar). 6.

The Assistant Electrical Engineer, Electric Supply sub- Division, South Bihar Power Distribution Company Limited, Ashiyana, Patna(Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachin Kumar, Adv.

For the Respondent/s :

Mr. Vivek Prasad, Adv.

For the BSPHCL :

Ms. Vijeta Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 30-06-2026 Heard the learned counsel for 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 authorities, particularly respondent no. 5 & 6 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

3/5 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 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 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 connation."

3. The petitioners have filed the present writ application for a direction upon the respondent nos. 5 & 6 i.e. the Assistant Electrical Engineer, Electric Supply Sub Division, South Bihar Power Distribution Company Limited, Digha, Patna and the Assistant Electrical Engineer, Electric Supply Sub Division, South Bihar Power Distribution Company Limited, Ashiyana, Patna (Bihar) respectively to accept the applications of the petitioners for installation of electric connection in the

4/5 houses of the petitioners and allow the petitioners to deposit the requisite fees/amount for installation of electric connection at the premises of the petitioners situated at Rajiv Nagar Police Station, Patna.

4. Learned counsel for the petitioners submits that the petitioners tried to submit on-line application for new electric connection but the said on-line applications have not been accepted. The petitioners have been informed that electric connection to the premises situated in Rajiv Nagar Area shall not be allowed.

5. Learned counsel relies upon Clause 4.13(B) of Chapter 4 of Bihar Electricity Supply Code, 2007, which requires the respondents to grant electric connection even on encroached Government / Semi Government / Public land subject to furnishing of documents as required under the Supply Code. Learned counsel submits that the petitioners are ready to furnish all the documents along with requisite fees as required under Clause 4.13(B) of Chapter 4 of Bihar Electricity Supply Code, 2007.

6. Mr. Vivek Prasad, learned counsel for South Bihar Power Distribution Company Limited submits that if the petitioners submit on-line application for grant of electric

5/5 connection along with all the requisite documents as per the Bihar Electricity Supply Code, 2007, the respondents no. 5 & 6 shall consider the applications of the petitioners in accordance with law and take appropriate decision within a period of one month.

7. Having heard learned counsel for the parties and taking into consideration the rival submissions, the present writ application is disposed with a direction to the petitioners to submit on-line application along with all the requisite documents within a period of two weeks from today and if such on-line applications are filed by the petitioners, the respondent nos. 5 & 6 shall be obliged to consider the same in accordance with law and take appropriate decision within one month on the application of the petitioners.

8. With the above directions, the Writ Petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U