Niranjan Kumar v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10244 of 2024 ====================================================== Niranjan Kumar, S/o Brijbhushan Pandey, Resident of Kurji, Digha, Sadaquat Ashram, P.S.- Digha, District- Patna, At Present resident of Shaktipuram Colony, P.S.- Rajiv Nagar, District- 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 Ltd., Bailey Road, Patna. 4.

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

5.

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

For the Petitioner/s :

Mr.Satyendra Rai, Adv.

For the Respondent/s :

Mr.Vinay Kirti Singh, Adv.

Mr. Deepak Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 29-07-2024 Heard the parties.

2. The present writ petition has been filed for the following relief(s) :

" I. For issuance of the writ in the nature of mandamus commanding the respondent authorities, particularly respondent no.5 to accept the application of the petitioner for an electrical connection and allow him to deposit the requisite amount for supply of an electrical connection to the premises of the petitioner situated at Shaktipuram Colony in Rajiv Nagar Police Station.

Patna High Court CWJC No.10244 of 2024(2) dt.29-07-2024 2/3 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 a month.

III. For holding than 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 month of the receipt of the application of the petitioner 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 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

Patna High Court CWJC No.10244 of 2024(2) dt.29-07-2024 3/3 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