Shyam Kishore Singh v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16093 of 2025 ====================================================== 1.

Shyam Kishore Singh Son of Ram Sakal Singh, Resident of MohallaGandhi Yadav Bhawan, Jay Prakash Nagar, Near Film Director Prakash Jha, A.G. Colony, Police Station-Rajiv Nagar, District- Patna-25, at present Resident of Mohalla- 90 feet Road, Front of Gandhi Market, Ashiyana Nagar, Police Station-Rajiv Nagar, District- Patna 2.

Anil Kumar Singh @ Anil Kumar, Son of Late Badri Narayan Singh, Resident of Village- Chaklatiph, P.O. Panapur Dharampur, Police Station Bidupur, District- Vaishali at Hajipur, at present Resident of MohallaChandra Vihar colony, Road No. 11, Ashiyana Nagar, Police Station-Rajiv Nagar, District-Patna.

3.

Sandhya Yadav @ Sandhya Devi, Wife of Dr. Satish Chandra Yadav, Resident of Village- Rajapur, P.O.- G.P.O. Police Station- Budha Colony, District- Patna at present Resident of Mohalla- Uttari Jayprakash Nagar, Ashiyana Nagar, Police Station -Rajiv Nagar, District-Patna-25 4.

Shyam Deo Singh, Son of Basudev Singh, Resident of Mohalla- H No. 159 A, Near Getwell Hospital, Kautilya Nagar, Raja bazaar, Police StationShastrinagar, District- Patna at present Resident of Mohalla- Shaktipuram Colony, Near Shiv Mandir, Ashiyana Nagar, Police Station- Rajiv Nagar, District-Patna-25 5.

Amod Kumar Dubey, Son of Sachidanand Dubey, Resident of Mohalla Chandra Vihar colony, Road No. 7, Ashiyana Nagar, Police Station -Rajiv Nagar, District-Patna-25.

6.

Rasamdev Prajapati @ Rashamdeo Prajapati, Son of Late Judavan Prajapati, Resident of Mohalla- Rampur Bathona, P.O.- Bewhara (Lalganj), Police Station-Mehnagar, District- Azamgarh (Uttar Pradesh) at present Resident of Mohalla- Uttari Jayprakash Nagar, Ashiyana Nagar, Police Station -Rajiv Nagar, District-Patna-25 7.

Ritu Kumari, Wife of Rajesh Kumar, Resident of Mohalla- Choudhary Tola, P.O.- Mahendru, Police Station-Sultangang, District- Patna-6 at present Resident of Mohalla, Sahyog Colony, Road No. 7, 90 feet Road Nepali Nagar, Ashiyana Nagar, Police Station -Rajiv Nagar, District- Patna-25 8.

Prabhat Ranjan, Son of Jai Chandra Jha, C/o- Jagadhar Pandey, Resident of Mohalla- Ch-29, R.M Hospital, Gardanibagh, Chakvinda Gali, Alkapuri, Police Station Gardanibagh, District-Patna-2 at present Resident of MohallaKesari Nagar Road No. 5, Ashiyana Nagar, Police Station -Rajiv Nagar, District-Patna.

9.

Mohammad Sayeed Alam, Son of Late Mohammad Alam, Resident of Mohalla Krishna Ghat, Near G.D.S Womens Hostel, P.O.- Mahendru, Police Station- Pirbahore, District-Patna-5 at present Resident of Mohalla Shaktipuram Colony, Ashiyana Nagar, Police Station- Rajiv Nagar, DistrictPatna-25 10.

Ruby Devi, Wife of Dhananjay Kumar, Resident of Mohalla- Kailashpuri, Hanuman Nagar, Police Station-Kankarbagh, District- Patna-20 at present Resident of Mohalla- Chandra Vihar colony, Ashiana Nagar, Police Station -Rajiv Nagar, District-Patna.

2/4 ... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Limited through its Chairman, Vidyut Bhawan, Baliey Road, Patna-800001 (Bihar). 2.

The South Bihar Power Distribution Company Limited, through its Managing Director, Vidyut Bhawan, Baliey Road, Patna-800001 (Bihar). 3.

The General Manager-cum-Chief Engineer, Patna Electric Supply Union, South Bihar Power Distribution Company Limited, Bailey Road, Patna (Bihar).

4.

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

The Assistant Electrical Engineer, Electric Supply sub- Division, South Bihar Power Distribution Company Limited, Digha, Patna (Bihar). 6.

The Assistant Electrical Engineer, Electric Supply sub Division, South Bihar Power Distribution Company Limited, Digha Patna (Bihar). 7.

The Assistant Electrical Engineer, Electric Supply sub- Division, South Bihar Power Distribution Company Limited, Ashiyana, Patna (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioners :

Mr.Sachin Kumar, Adv.

For the RSBPDCL :

Mr.Deepak Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 09-10-2025 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 subDivision, South Bihar Power Distribution Company Limited, Ashiyana, to accept th application of

3/4 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 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 connection.

3. Learned counsel appearing on behalf of the respondents has stated that the present writ petition may be

4/4 disposed off 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) Shamshad/- U