Disposed¶43

Ramashray Sahani v. The Bihar State Power Holding Company Limited

Patna HC25 Apr 2025CWJC/6670/2025

Case brief

AI extract

What is this about?

Electricity connection application; mandamus; Patna High Court CWJC 6670 of 2025; Bihar State Power Holding Company Limited; South Bihar Power Distribution Company Limited (SBPDCL); Electric Supply Sub-Division Digha; Electric Supply Sub-Division Ashiyana; Rajiv Nagar; Digha police station; section 43 Indian Electricity Supply Act, 2003; Clause-4.13(B) Bihar Electricity Supply Code, 2007; proof of ownership; Sri Chandu Khamaru v. Smt. Nayan Malik Civil Appeal 7572/2011; disposal on consent; four-week compliance direction; decision date 25-04-2025.

What did the court decide?

Direction to Respondent Nos. 6 and 7 to accept the petitioners' application for an electrical connection along with the requisite amount and consider the same strictly in accordance with law, within four weeks from receipt of the copy of the order. ¶43

Ramashray Sahani Vs The Bihar State Power Holding Company Limited — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent authorities, particularly Respondent Nos. 6 and 7, must accept the petitioners' applications for electrical connections and allow them to deposit the requisite amounts for supply to premises in the Rajiv Nagar and Digha police station areas, Patna. +2 more

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Court's answer

The writ petition is disposed of with a direction to Respondent Nos. 6 and 7 to accept the petitioners' application for an electrical connection along with the requisite amount and to consider the same strictly in accordance with law.

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Ratio / Principle

The consideration of the applications is to be completed within a period of four weeks from the date of receipt of the copy of this order.

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Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J), oral order dated 25-04-2025 in CWJC No.6670 of 2025: eleven applicants sought a mandamus directing the Assistant Electrical Engineers, Electric Supply Sub-Divisions, South Bihar Power Distribution Company Limited, Digha and Ashiyana (Respondent Nos. 6 and 7) to accept their applications for electricity connections to premises in the Rajiv Nagar and Digha police station areas, Patna, invoking section 43 of the Indian Electricity Supply Act, 2003, Clause-4.13(B) of the Bihar Electricity Supply Code, 2007, and the Supreme Court order in Civil Appeal No. 7572/2011 (Sri Chandu Khamaru Vs. Smt. Nayan Malik and others). On the respondents' counsel stating that the petition could be disposed of with such a direction, the court disposed of the writ petition directing Respondent Nos. 6 and 7 to accept the applications with the requisite amounts and consider them strictly in accordance with law, within four weeks of receipt of the copy of the order. The court recorded no express ruling on the statutory-right pleas or on the cited Supreme Court precedent.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6670 of 2025

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======================================================

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Ramashray Sahani Son of Late Mishri Sahani, Resident of Mohalla - Mayur Vihar Colony, Khajpura Police Station-Khajpura, District- Patna, at present Resident of Mohalla- Madhuwan Puri Colony, Block-A, Gandhi Nagar, Ashiana Nagar Police Station -Rajiv Nagar, District-Patna

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Dharmendra Kumar Son of Shalik Gram Prasad @ Shalikgram Prasad, Resident of Mohalla- Ramnagri, Sector-04, Ashiyana Nagar Post OfficeAshiyana Nagar, Police Station- Rajiv Nagar, District- Patna at present Resident of Mohalla - Madhuwan Puri Colony, Phase-1, Gandhi Nagar, Nagar, Police Station - Rajiv Nagar, District - Patna.

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Sonu Kumar, Son of Bidya Ray, Resident Mohalla Yadhvanshi Nagar, Akhara Road, Dighaghat, Post Office and Police Station Digha DistrictPatna at present Resident of Mohalla- Tulshi Nagar, Ramnagri. Sector-4 Ashiana Nagar, Police Station- Rajiv District-Patna

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Santosh Kumar, Son of Ram Ishwar Rai @ Rameshwar Rai, Resident of Mohalla Ramjee Chak Bataganj Police Station-Digha, District Patna at present Resident of Mohalla- Mohalla Tulshi Nagar, Ramnagri, Sector-4 Ashiana Nagar, Police Station- Rajiv Nagar, District-Patna.

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Rakhi Kumari, Wife of Ratnesh Kumar Diwakar, D/o Parmeshwar Dayal, Resident of Village Bhikhanpura Police Station- Desri, District-Vaishali at Hajipur at present Resident Mohalla Shaktipuram Colony, Ashiyana Nagar, Police Station- Rajiv Nagar, District- Patna.

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Yadunandan Prasad, Son of Late Banwari Choudhary, Resident of MohallaRoad No. 3, Friends Colony Ashiana Nagar, Police Station- Rajiv Nagar, District-Patna at present Resident of Mohalla- Mahavir Colony, Nepali Nagar, Ashiyana Nagar, Police Station- Rajiv Nagar, District-Patna.

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Suraj Kanti Kumari, Wife of Ranjeet Kumar, Resident of Village- Malsari, Police Station - Tekari District Gaya at present Resident of Mohalla- Bajrang Vihar Colony, Behind A.K. Marbal, Marbal, Near Badhai Marriage Hall Ashiana Nagar, Police Station- Rajiv Nagar, District- Patna.

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Anju Kumari, Wife of Ajit Kumar, Resident of Mohalla- Shekhpura, barham Asthan,line-2, Phulwari.B.V Collage. Police Station-Shekhpura, DistrictPatna at present Resident of Mohalla-Shaktipuram Colony, Near Shiv Mandir, Ashiana Nagar, Police Station-Rajiv Nagar, District- Patna.

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Bacchi Devi, Wife of Harilal Yadav, Resident of Mohalla 252/800, Shastri Nagar, Near Park Phulwari, Near L.B.S. Nagar Police Station- Shastri Nagar, District- Patna at present Resident of Mohalla- Shaktipuram Colony, Near Shiv Mandir, Ashiana Nagar, Police Station- Rajiv Nagar, DistrictPatna.

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Chandrama Yadav, Son of Ramyan Yadav, Resident of Mohalla- Rajiv Nagar, Road No. 17, Police Station- Rajiv Nagar, District- Patna at present Resident of Mohalla Resident of Mohalla-Mohalla- Tulshi Nagar, Ramnagri, Sector-4 Ashiana Nagar, Police Station-Rajiv Nagar, District- Patna.

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Rakhi Sinha @ Rakhi Kumari, Wife of Vinay Kumar Sinha, Resident of Mohalla- Amulya Shova Apartment, 1st Floor, Garia Station Patuli

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Patna High Court CWJC No.6670 of 2025(2) dt.25-04-2025 2/4

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Connecting, Near Patuli Town Ship, T Block, Garagachha, Garia, Police Station-Garia, District-South 24 Parganas, West Bengal at present Resident of Mohalla- Ashiana Digha Road, Nalapar, Opposite Manorma Bhavan, Ashiana Nagar, Police Station - Rajiv Nagar, District-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, Bali Road Patna.

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The South Bihar Power Distribution Company Limited through Managing Director, Vidyut Bhawan, Baili Road, Patna.

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The General Manager-cum-Chief Engineer, Patna Electric Supply Union Baily Road, Patna.

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The Executive Engineer, Electric Supply Division, Danapur, Patna.

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The Assistant Electrical Engineer, Electric Supply sub- Division, Digha Patna.

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

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The Assistant Electrical 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. Sachin Kumar, Adv. For Respondent Nos.1to7: Mr. Vivek Prasad, Adv. : Mr. Pratiyush Kumar, AC to SC For the Respondent/s : Mr. Vivek Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

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2 25-04-2025 Heard the learned counsel for parties.

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The present writ petition has been filed for the

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following relief(s):

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“(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 sub- Division, South Bihar Power Distribution Company Limited, Ashiyana, to

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Patna High Court CWJC No.6670 of 2025(2) dt.25-04-2025

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3/4

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accept the application of 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.

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(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.

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(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.

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(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 connation.”

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Learned counsel appearing on behalf of the

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respondents has stated that the present writ petition may be disposed of with a direction to the Respondent Nos. 6 & 7 to accept the application made by the petitioners along with the requisite amounts and consider the same in accordance with law.

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Having regard to the above made submission, the present writ petition is disposed of with a direction to the Respondent Nos. 6 & 7 to accept the application of the

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Patna High Court CWJC No.6670 of 2025(2) dt.25-04-2025 4/4

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petitioners for an electrical connection along with the requisite amount and consider the same strictly in accordance with law. The Respondent Nos. 6 & 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.

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With the above directions, the present writ petition stands disposed of to the extent indicated above.

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(A. Abhishek Reddy, J)

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Ayush/-

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Ramashray Sahani v. The Bihar State Power Holding Company Limited

Case brief

What is this about?

What did the court decide?

Ramashray Sahani 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

Cases cited

Statutes considered

Procedural history

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