Masood Akhtar v. Bihar State Electricity Board Through Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8317 of 2015 ====================================================== Masood Akhtar son of Md. Yakul, resident at Harun Nagar Sector-II, near Chhoti Masjid, Police Station Fulwarisharif, Patna, District-Patna-801505. .... .... Petitioner/s

Versus

1. The Bihar State Electricity Board through the Secretary Bailey Road, Patna.

2. The Chairman Electricity Department, Bihar, Patna.

3. The General Manager (PESU), Bihar, Patna.

4. The Superintending Engineer, Electricity, Danapur Division, Patna.

5. The Executive Engineer Electricity Danapur Division, Patna.

6. Junior Engineer Supply Phulwarisharif Circle, Patna.

7. Assistant Engineer, Electricity PESU, West Phulwarisharif, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the Respondent/s : Mr. Gp21- Sanjay Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 12-08-2015 The petitioner prays for restoration of his electricity connection bearing No. 591614 which was disconnected on 24.12.2014 from his house situated under Harun Nagar Colony, Sector 2, near Chhoti Masjid, Phulwarisharif, district Patna at plot no. mentioned in paragraph 3 of the writ petition. The petitioner submits that earlier the respondents had provided electric connection in his name. However, they snapped the connection stating that he could not establish his ownership over the premises.

The petitioner submits that the house in question had been purchased as a joint family property in the name of his

Patna High Court CWJC No.8317 of 2015 (6) dt.12-08-2015 brother Mahfeexur Rahman. As such, he too resides in his share. In paragraph 7 of the writ petition, it is averred that the petitioner and Laika Nasrin (widow of his brother) filed a compromise petition in Phulwarisharif Police Station case no. 874 of 2005 on 31.12.2005 stating that both the parties live together in the same premises. He submits that he has also been issued a Voter Identity card which supports his case that he lives in that house Now said Laika Nasrin is objecting to the electric connection provided to the petitioner stating that she is the owner of the house and not the petitioner. If the petitioner files a representation before the authorities of the Company for restoration of his electricity connection bearing No. 591614, stating that he too lives in that house, the authorities would consider his claim and pass appropriate order in this respect. It would be open for the petitioner to produce a copy of the compromise petiton. The writ petition is thus disposed of.

(Samarendra Pratap Singh, J) Shashi./- U