Rakesh Roushan v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11156 of 2024 ====================================================== 1.

Rakesh Roushan Son of Mahesh Nandan Singh, Resident of Laxmi Sweet Lane, New Police Line, Lodipur, Patna, Bihar 800001. 2.

Sunita Devi wife of- Vijay Kumar Pandit, Permanent Resident of road no 23h, Rajiv Nagar, Keshari Nagar, Patna, Bihar, 800024. 3.

Rohit Singh Son of Kant Lal Singh Permanent Resident of- Rajdhani Apartment Road, Near Railway Line, Mahesh Nagar, Patna, Bihar- 800024. 4.

Neelam Devi wife of Ashutosh Kumar Sinha Permanent Resident of Phulawari Sharif, Bahadurpur, Nohsa, Patna, Bihar, 801505. 5.

Deepu Kumar Son of- Suresh Prasad, Permanent Resident of- Gram Lodipur, Chaura Gopalpur, Kamla Gopalpur, Bihta, Patna, Bihar, 800111. 6.

Priyanka Kumari Wife of- Ratnesh Kumar, Permanent Resident of Natka Kuan, Bihta, Patna, Bihar 801103.

7.

Sangeeta Devi Wife of Sunil Kumar Permanent Resident of- Chhotki Sandia, Ratanpur, Bhojpur, Ratanpur, Bihar, 802312. 8.

Rekha Devi Wife of- Sunil Kumar and Daughter of- Late Rajeshwar Devi, Permanent Resident of Digha Ghat, Dinapur -cum- khagaul, Patna, Bihar800011, Presently Residing at-Mainpura, P.S.- Patliputra, Patna, Bihar. 9.

Ashoka Kumar Sinha Son of- Vaidhai Sharan Shrivastav, Permanent Resident of- D D Punaichak, Phulwari, Patna, Bihar- 800023. 10.

Ragini Devi wife of- Shantosh Kumar, Permanent Resident of- Jhitkahiyan, Madama URF, Gopinathpur, Vaishali, Bihar- 844113. 11.

Mohan Kumar Singh S/o Late Ram Nath Singh, Permanent Resident of sr no 315/1a/8, moze park Nirgudi Road, Pune city, Pune, Maharashtra- 411047, Presently Residing at- Ramnagari sector -4, P.O. Ashina Nagar, P.S. Rajeev Nagar, District Patna, Bihar- 800025.

... ... 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, South Bihar Power Distribution Company Limited, Bailey Road, Patna. 4.

The Executive Engineer, Electric Supply Division, South Bihar Power Distribution Company Limited, Danapur, Patna. 5.

The Executive Engineer, Electric Supply Division, South Bihar Power Distribution Company Limited, Ashiyana, 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.

2/4 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rohit Kumar, Adv.

For the Respondent/s :

Mr. Vinay Kirti Singh, Adv.

For the BSPHCL :

Mr. Deepak Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 02-08-2024 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:- "(i) For issuance of a writ in the nature of mandamus commanding the respondent authorities, particularly respondent no. 6 and 7 to accept the application of the petitioners for an electrical connection and allow them to deposit the requisite amount for supply of an electrical connection to the premises of the petitioners situated Rajiv Nagar Police, 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 to such premises within one month of receipt of the application.

(iii) For holding that in view

3/4 of clause -4.13 (B) of the Bihar Electricity Supply Code, 2007, even the person, who is not able to produce the proof 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 petitioners within one month of the receipt of the application of the petitioners for electric connection."

3. Learned counsel appearing on behalf of the respondents has stated that the writ petition may be disposed off with a direction to the Respondent No. 6 and 7 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 submissions, the present writ petition is disposed off with a direction to the Respondent No. 6 and 7 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 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.

4/4

5. With the above directions, the present writ petition stands disposed off to the extent indicated above. (A. Abhishek Reddy , J) Ankit Kumar/- U