Manju Kumari v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16251 of 2023 ====================================================== Manju Kumari, aged about 53 years, Female, W/o Ajay Kumar, R/o- F/72, B.S.E.B. Colony, P.S. Shastri Nagar, Patna at present R/o- Mahabir Colony Road No. - 7 Nepali Nagar, P.S. - Rajiv Nagar, Patna. ... ... 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, Baily Road, Patna. 4.

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

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

For the Petitioner/s :

Mr. Gyan Prakash, Advocate with Ms. Parul Priya, Advocate.

For the Respondent/s :

Mr. Vinay Kirti Singh, Senior Advocate with Mr. Kumar Manish, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 21-12-2023 At the outset, learned counsel appearing on behalf of the petitioner seeks and granted permission to make necessary correction in the writ petition during course of the day.

2. Heard learned counsel for the parties.

3. The present Writ Petition has been filled for the following reliefs:- "(i) For issuance of a writ in the nature of mandamus commanding the respondent authorities, particularly respondent

Patna High Court CWJC No.16251 of 2023(2) dt.21-12-2023 2/3 No. 5 to accept the application of the 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, 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 month of the receipt of the application of the petitioner for electric connection."

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

5. Having regard to the above made submission, the present writ petition is disposed off 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

Patna High Court CWJC No.16251 of 2023(2) dt.21-12-2023 3/3 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.

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