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Patna High CourtCWJC/291/2025disposed

Rana Randhir Singh v. The South Bihar Power Distribution Company Ltd.

2025-04-25Mr. Justice A. Abhishek Reddy5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.291 of 2025 ====================================================== Rana Randhir Singh ... ... Petitioner/s

Versus

The South Bihar Power Distribution Company Ltd. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yashraj Bardhan, Adv.

For the Respondent/s :

Mr. Vinay Kirti Singh, Adv.

For the SBPDCL :

Mr. Ritesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 25-04-2025 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):- (i) For issuance of an appropriate writ/order/direction in the nature of mandamus commanding and directing the respondent South Bihar Power Distribution Company Limited and officers of the Supply Division, to transfer the Electricity Connection No. 101024802, DS - III, 5 K.W. at Plot No. 155A, Patliputra colony, Road No. -6, Ward No. 22B, P.S. Patliputra, District- Patna, previously registered in the name of petitioner's father namely late Rana Ranjeet Singh, in the name of present Petitioner which the respondent authorities, esp. the Respondent No. 05 has arbitrarily and callously withheld, inspite of compliance of requisites, (ii) For issuance of an appropriate writ/order/direction in the nature of mandamus

2/5 directing the South Bihar Power Distribution Company Limited to consider the application of the Petitioner so given in compliance of all norms and with all documents for transfer of the Electric Connection No. 101024802, DS- III, 5 K.W. in his name."

3. Learned counsel for the petitioner has stated that the grandfather of the petitioner has purchased the property in the name of his sons namely Rana Ranjeet Singh, Ram Naresh Singh, Rana Pradip Singh and Bijoy Kumar Singh and the electricity connection was given in the name of his father Rana Ranjeet singh. That his father died on 15.07.2022 and thereafter the petitioner has filed an application before the Housing Construction Society seeking mutation of his name for the portion that they are in occupation of. Learned counsel has stated that the Patliputra Co-operative House Construction Society, Patna has mutated the name of the petitioner by subdividing the entire area which was purchased by the grandfather in plot no. 155A for an area admeasuring only 2086 sq. ft. Learned counsel has stated that the same was mutated only after receipt of the No Objection Certificate from his mother and sister who are the other legal heirs of his late father Mr. Rana Ranjeet Singh. That inspite of submitting all these documents,

3/5 learned counsel for the petitioner has stated that the respondent authorities are not mutating the name of the petitioner for the electricity connection which is already in existence and in the name of his father.

4. Per contra, the learned counsel appearing on behalf of the South Bihar Power Distribution Company Ltd. has stated that as per the regulations of the department, the petitioner is obligated to file the following documents: 7.9 (a) A connection shall be transferred in the name of another person upon the death of the consumer or in case of transfer of ownership or occupancy of the premises upon an application. 7.9 (b) Application for mutation shall be fixed in the prescribed format annexure I or II along with prescribed fee by the transferee or the legal heir or successor of the deceased consumer with the local office of the licensee. 7.9 (c) the application shall be accompanied by documentary evidence of transfer or legal heir ship or succession and proof of no arrears on account of electricity charges on that connection. And in case the petitioner submits the same, the authorities are ready to transfer the electricity connection in the name of the petitioner.

5. After going through the documents filed by the petitioner and hearing the counsels, this Court is of the opinion

4/5 that the mutation certificate granted by the Patliputra Cooperative House Construction Society, Patna wherein the name of the petitioner has been mutated for an area of 2086 sq. ft. coupled with the sale deed dated 10.09.1986 is sufficient enough to show that the petitioner is the legal heir of the late Rana Ranjeet Singh and that the other legal heirs are not having any objection for the same. It is pertinent to note that the sale deed dated 10.09.1986 is for an area of 11K. 14dh. 2 Kanwan., therefore, it cannot be said that unless and until the No Objection Certificate is issued by the other legal heirs of late Bankey Bihari Singh, the transfer of electricity connection in the name of the petitioner cannot be granted.

The petitioners are directed to furnish the No Objection Certificate from the mother and sister who are the other legal of heirs of late Rana Ranjeet Singh to the authorities and the authorities shall pass necessary orders for transfer of the electricity connection which is in the name of the late Rana Ranjeet Singh to the name of the petitioner herein duly taking into consideration the observations made by this Court and also the mutation granted in the name of the petitioner by the Patliputra Co-operative House Construction Society, Patna bearing no. 929 dated 15.10.

5/5 weeks from the date of submission of the above documents by the petitioner.

6. It is made clear that transfer of the electricity connection in the name of the petitioner will not confer any right on the petitioner if any third party interest seeks to agitate their rights.

7. With the above directions the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U