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Patna High CourtCWJC/10755/2025disposed

Binod Kumar v. The Bihar State Power Holding Company Limited

2025-07-22Mr. Justice A. Abhishek Reddy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10755 of 2025 ====================================================== Binod Kumar, S/o Ram Nath Singh, R/o- Mohalla- House No. 29/A, New Puranderpur, Gaya Line Road, P.S.- Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Limited through its Chairman, cum Managing Director, Vidyut Bhawan, Patna.

2.

The South Bihar Power Distribution Company Limited through Managing Director, Vidyut Bhawan, Patna.

3.

The General Manager-cum-Chief Engineer, Patna Electric Supply Undertaking South Bihar Power Distribution Company Ltd., Baily Road, Patna.

4.

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

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

For the Petitioner/s :

Mr.Sanjeet Kumar Singh, Adv.

Mr. Binod Kumr, Adv.

For the Respondent/s :

Mr. Ajay Kumar Gautam, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 22-07-2025 Heard the parties.

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

"(i) For issuance of Writ in nature of mandamus directing and commanding the Respondents authorities particularly Respondent No. 5 to accept the application of the Petitioner for an electric connection and allow him to deposit the requisite amount for supply of an electrical connection to the plot of the Petitioner situated at Mauza Digha, P.S. Rajiv Nagar, District-Patna, (ii) For holding that in view of the order

Patna High Court CWJC No.10755 of 2025(2) dt.22-07-2025 2/3 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 able to produce the proof of ownership of the premises are allowed to take electric connection on submission of certain documents, (iv) For any other direction, which Your Lordships may deem fit and proper in the facts and circumstances of the case."

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 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 of 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 directed to consider the said application within a period of four weeks from the date of the copy of the receipt of this order.

Patna High Court CWJC No.10755 of 2025(2) dt.22-07-2025 3/3

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