Ranjan Kumar v. The Bihar Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14253 of 2024 ====================================================== 1.

Ranjan Kumar, S/o- Late Awadhesh Sharma, Resident of Ram Nagari, Sector- 4, P.O.- Ashiana Nagar, P.S.- Rajiv Nagar, Patna- 800025, Present residing at Shantipuram Colony, Ashiana Nagar, P.S.- Rajiv Nagar, Patna800025. 2.

Rita Devi, W/o- Satyendra Prasad, Resident of Village and Post - Andhari, P.S. - Chowri (Sahar), District - Bhojpur, Bihar, Presant residing at Chandra Bihar Colony, Nepali Nagar, Vrindawan Lane, P.S.- Rajiv Nagar, Patna800025. 3.

Gorki Devi, W/o- Pappu Kumar, Resident of Dallu Vigaha, Nalanda, Shikasaura, Chiksaura, P.O.- Chiksoura, District- Nalanda, Bihar, Pin code801302, present residing at Shantipuram Colony, Ashiana Nagar, P.S.- Rajiv Nagar, Patna- 800025.

4.

Rama Kant Singh, S/o- Late Dashrath Singh, Resident of VillageJagdishpur, P.O.- Arvind Nagar, P.S.- Dariapur, District- Saran, Bihar, present residing at Nepali Nagar, P.S.- Rajiv Nagar, Ashiana Nagar, Patna800025. 5.

Pankaj Kumar, S/o- Bhim Kumar Singh, Resident of Village- Salaha, Saran, District- Saran, Bihar, Pincode- 841202, at present residing at Shantipuram Colony, Ashiana Nagar, P.S.- Rajiv Nagar, Patna- 800025. 6.

Shree Prakash Singh, S/o- Chandeshwar Singh Resident of VillageKaranpura, Amdarhi, District - Saran, Bihar, Pincode- 841208. 7.

Sanjay Kumar, Son of Ram Briksh Singh resident of Hasnpura Road, Vidya Nagar, Phulwari, Patna- 800002, Present residing at Mahaveer Colony, Road no.- 8, Ashiana Nagar, P.S.- Rajiv Nagar, Patna - 800025. 8.

Suman Kumari, W/o Sriniwas Prasad Singh resident of Alakhnath Road, Near Alakhnath Tempal Barh, Barh, Patna- 803213, present resident Shaktipuram Colony, Gandhi Nagar, Ashiana Nagar, Patna- 800025. ... ... Petitioner/s

Versus

1.

The Bihar 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

Patna High Court CWJC No.14253 of 2024(2) dt.25-09-2024 2/3 Bihar Power Distribution Company Limited, Ashiyana, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rohit Kumar, Adv.

For the Respondent/s :

Mr. Deepak Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 25-09-2024 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 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 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 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 necessary direction upon the respondent authorities to provide electricity

Patna High Court CWJC No.14253 of 2024(2) dt.25-09-2024 3/3 supply to the premises of the petitioners within one month of the receipt of the application of the petitioners for electric connection.

v. For any other direction, which Your Lordship may deem fit and proper in the facts and circumstances of the cases."

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 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 Nos. 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 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) Bhardwaj/- U