Disposed¶22

Jayamani Devi v. The Bihar State Power Holding Company Limited

Patna HC21 Feb 2024CWJC/2714/2024

Case brief

AI extract

What is this about?

New electricity connection; refusal to accept on-line application; Bihar Electricity Supply Code 2007; Clause 4.13(B); Chapter 4; encroached Government/semi-Government/public land; SBPDCL; South Bihar Power Distribution Company; Bihar State Power Holding Company; Rajiv Nagar, Patna; Assistant Electric Engineer; direction to consider application within one month; writ disposed; Patna High Court; CWJC No.2714 of 2024; Anil Kumar Sinha, J.

What did the court decide?

Direction to the petitioner to submit an on-line application with all requisite documents within 10 days; upon such filing, respondent no. 5 to consider the application in accordance with law and take appropriate decision within one month. ¶22

Jayamani Devi Vs The Bihar State Power Holding Company Limited — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether respondent no. 5 (Assistant Electric Engineer, Electric Supply Sub Division, SBPDCL, Ashiyana, Patna) must accept the petitioner's application for installation of an electric connection at her Rajiv Nagar, Patna premises and allow deposit of the requisite fees/amount.

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Court's answer

The writ application is disposed with a direction to the petitioner to submit an on-line application for the electric connection along with all the requisite documents within 10 days.

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Ratio / Principle

If such on-line application is filed by the petitioner, respondent no. 5 shall be obliged to consider it in accordance with law and take appropriate decision within one month.

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Detailed headnote1 paragraphs

Jayamani Devi v. Bihar State Power Holding Company Ltd. & Ors., Patna High Court, Civil Writ Jurisdiction Case No.2714 of 2024 (Anil Kumar Sinha, J.), decided 21-02-2024. The petitioner sought a direction to respondent no. 5, the Assistant Electric Engineer, Electric Supply Sub Division, South Bihar Power Distribution Company Limited, Ashiyana, Patna, to accept her application for installation of an electric connection at her Rajiv Nagar, Patna premises and to permit deposit of the requisite fees. Her on-line application had not been accepted and she was informed that connection in the Rajiv Nagar Area would not be allowed. Counsel relied on Clause 4.13(B) in Chapter 4 of the Bihar Electricity Supply Code, 2007, under which connection may be granted even on encroached Government/semi-Government/public land subject to furnishing of prescribed documents. Disposing the writ application, the Court directed the petitioner to submit an on-line application with all requisite documents within 10 days, failing nothing, and held that if such application is filed, respondent no. 5 shall be obliged to consider it in accordance with law and take appropriate decision within one month.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2714 of 2024

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Jayamani Devi wife of Sarbind Kumar, resident of Village- Ramnagar, Police Station - Karpi, Arwal at present resident of Chandra Vihar Colony, Road No. - 5, Police Station - Rajiv Nagar, Patna.

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... ... Petitioner/s

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Versus

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The Bihar State Power Holding Company Limited through its Chairman, Vidyut Bhawan, Bailey Road, Patna.

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The South Bihar Power Distribution Company Ltd. through its Managing Director, Vidyut Bhawan, Bailey Road, Patna.

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The General Manager-cum-Chief Engineer, Patna Electric Supply Division, South Bihar Power Distribution Company Limited, Baily Road, Patna.

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

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The Assistant Electric Engineer, Electric Supply Sub Division, South Bihar Power Distribution Company Limited, Ashiyana, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Gyan Prakash, Advocate : Miss Parul Priya, Advocate For the Respondent/ SBPDCL : Mr.Kumar Manish, Advocate : Ms. Aishwarya Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 21-02-2024 1. Heard learned counsel for the parties concerned.

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The petitioner has filed the present writ application for a direction upon respondent no. 5 i.e. The Assistant Electric Engineer, Electric Supply Sub Division, South Bihar Power Distribution Company Limited, Ashiana, Patna to accept the application of the petitioner for installation of an electric connection in the house of the petitioner and allow the petitioner to deposit the requisite fees/ amount for installation of electric

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Patna High Court CWJC No.2714 of 2024(2) dt.21-02-2024 2/3

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connection at the premises of the petitioner, situated at Rajiv Nagar Police Station, District- Patna.

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Learned counsel for the petitioner submits that the petitioner tried to submit an on-line application for new electric connection but the said on-line application has not been accepted. The petitioner has been informed that electric connection to the premises situated in Rajiv Nagar Area shall not be allowed.

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Learned counsel relies upon Clause 4.13(B) in Chapter 4 of Bihar Electricity Supply Code, 2007, which requires the respondents to grant electric connection even on encroached Government/ Semi Government/ Public land, subject to furnishing of documents, as required under the Supply Code. Learned counsel submits that the petitioner is ready to furnish all the documents along with requisite fees, as required under Clause 4.13(B) in Chapter 4 of Bihar Electricity Supply Code, 2007.

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Mr. Kumar Manish, learned counsel for South Bihar Power Distribution Company Limited submits that if the petitioner submits on-line application for grant of electric connection along with all the requisite documents, as per the Bihar Electricity Supply Code, 2007, the respondent no. 5 shall

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Patna High Court CWJC No.2714 of 2024(2) dt.21-02-2024 3/3

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consider the application of the petitioner, in accordance with law and take appropriate decision, within a period of one month.

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Having heard learned counsel for the parties and taking into consideration the rival submissions, the present writ application is disposed with a direction to the petitioner to submit an on-line application along with all the requisite documents, within a period of 10 days from today and if, such an on-line application is filed by the petitioner, respondent no. 5 shall be obliged to consider the same, in accordance with law and take appropriate decision within one month on the application of the petitioner.

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(Anil Kumar Sinha, J)

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rinkee/-

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Jayamani Devi v. The Bihar State Power Holding Company Limited

Case brief

What is this about?

What did the court decide?

Jayamani Devi v. The Bihar State Power Holding Company Limited

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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