Asha Kumari v. The Bihar State Power Holding Company Limited
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10862 of 2025 ====================================================== 1.
Asha Kumari Wife of Raman Kumar Singh, Daughter of Yogendra Prasad Singh, Resident of Village- Fatehapur Buzurg, Police Station and Post Office- Sadei Buzurg, District- Vaishali at Hajipur at present Resident of Mohalla- Mahavir Colony, Road No.9, Ashiyana Nagar, Police StationRajiv Nagar, District- Patna. 2.
Malti Devi Wife of Harendra Kumar Singh, Resident of Village- Nurpur, Police Station- Barahara, District- Bhojpur at Present Resident of MohallaDwarikapuri Colony, 90 feet Road, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna.
3.
Nilam Kumari Wife of Abhinandan Kumar Suman, Resident of Mohalla204, Saraswati Niketan Post office- Kidwaipuri, Police Station- Kotwali, District- Patna at present Resident of Mohalla- Radha Krishna Path, Madhubanpuri, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna. 4.
Raju Kumar Singh Son of Dilip Singh, Resident of Village- Rewari Jalalpur, Chhapra, Police Station- Kopa, District- Saran at present Resident of Mohalla- SSB Camp Ghurdoar Road, Digha, behind Shiv Mandir, Atal Nagar, Netaji Subhash Marg, District- Patna.
5.
Dr. Sanjay Kumar Rao Son of Rajendra Prasad Rao, Resident of Mohalla101, Mamta Shivam Apartment House No. 13, Vistipara, Hirapur, Dhanbad, Police Station- Dhanbad, District- Dhanbad (Jharkhand) at present Resident of Mohalla- Shaktipuram Colony, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna.
6.
Sanjay Kumar Son of Dashrath Prasad, Resident of Mohalla- Road No. 16, Rajiv Nagar, Post Office- Keshari Nagar, Police Station- Rajiv Nagar, District- Patna at present Resident of Mohalla- Mahavir Colony, Road No. 9, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna. 7.
Premlata Devi wife of Arun Kumar Singh, Resident of Village- Parsagarh, Phchua, Police Station- Parsagarh, District- Saran at present Resident of Mohalla- Chandra Vihar Colony, Road No. 11, Nepali Nagar, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna. 8.
Vikki Kumar Son Late Chhotelal Saw, Residence of Mohalla- Banbihar Colony, Post office- Ashiyana Nagar, Police Station- Rajiv Nagar at present Resident of Mohalla- Tulsi Nagar, Ramnagari Sector-4, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna. 9.
Sanju Singh Wife of Rajesh Kumar Singh, Resident of Village and Post office- Amrai Nwada, Police Station- Bihiya, District- Bhojpur (Ara) at present Resident of Mohalla- Mahavir Colony, Road No. 8, Ashiyana Nagar, Police Station- 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 Limited, through its Managing Director, Vidyut Bhawan, Bailey Road, Patna.
Patna High Court CWJC No.10862 of 2025(2) dt.11-07-2025 2/3 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, Ashiyana, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sachin Kumar For the Respondent/s :
Mr.Vivek Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 11-07-2025 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 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 Clause-4.13(B) of the Bihar Electricity Supply Code, 2007, even the person, who is not
Patna High Court CWJC No.10862 of 2025(2) dt.11-07-2025 3/3 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. Learned counsel appearing on behalf of the 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 off 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) Ayush/- U