Shatrughna Singh v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17641 of 2023 ====================================================== Shatrughna Singh, aged about 70 years, Male, Son of Jagadip Singh, Resident of village-Amlori, Police Station-Muffasil, District-Siwan at present resident of Shahid Bhagat Singh Colony, Near S.S.B. Camp, Ghurdaur Road, West of Ashiyana-Digha Road, Patna.

... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Limited through its Chairman, Vidyut Bhawan, Baily 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 Electric Engineer, Electric Supply Sub- Division, South Bihar Power Distribution Company Limited, Digha, 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 Heard learned counsel for the parties.

2. 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 no. 5 to accept the application of the petitioner for an electrical connection and allow him to deposit the requisite amount for supply of an electrical connection to the premises of the petitioner situated Rajiv Nagar Police Station,

Patna High Court CWJC No.17641 of 2023(2) dt.21-12-2023 2/3 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 able to produce the proof of ownership of the premises 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 petitions within one month 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 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.

4. 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 consider the same strictly in accordance with law. The Respondent No. 5 is directed to consider the said application

Patna High Court CWJC No.17641 of 2023(2) dt.21-12-2023 3/3 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 off to the extent indicated above. (A. Abhishek Reddy , J) shakir/- U