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Patna High Court

Suman DeviversusThe Bihar State Power Holding Company

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner must first file a proper application for electricity connection, after which the power company is obliged to supply electricity subject to fees, and no right to land or connection arises from the writ petition itself.

Summary

The petitioner, Suman Devi, sought a supply of electricity for her newly constructed house, claiming she met all conditions, but the Bihar State Power Holding Company refused to accept her application, citing higher authority intervention. The power company contended that the petitioner had not filed any formal application for connection. The court examined whether the refusal was lawful and whether the petitioner had a vested right to electricity without filing the requisite application. It directed the petitioner to submit a proper application with land details, after which the power company must supply electricity subject to applicable fees and charges. The order clarified that this direction does not confer any title or possession rights over the land, which remain subject to any pending state or board proceedings. Consequently, the writ petition was disposed.

Issues considered

  • Whether the power company is obligated to grant electricity connection in the absence of a formal application by the petitioner.
  • Whether the petitioner's refusal of connection constitutes an illegal denial of a statutory right.

Subjects

  • electricity connection
  • power supply
  • writ petition
  • public utility
  • application requirement
  • consumer rights

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16313 of 2025
                 ======================================================
                 Suman Devi, Wife of Anil Kumar Chaudhary, Resident of Village-Digha
                 Aashiyana Road, Bajrangi Bihar Colony, Sector-07, Ward No. 2 (Nepali
                 Nagar), P.S.-Rajeev Nagar, District-Patna.

                                                                    ... ... Petitioner/s
                                               Versus
           1.    The Bihar State Power Holding Company through its Chairman Vidyut
                 Bhawan, Bailey Road, Patna.
           2.    The South Bihar Power Distribution Company Limited through its
                 Managing Director, Vidyut Bhawan, Baily Road, Patna.
           3.    The General Manager cum Chief Engineer, Patna Electric Supply Union,
                 Baily Road, Patna.
           4.    The Executive Engineer, Electric Supply Division, Ashiyana Nagar, Patna.
           5.    The Assistant Electrical Engineer, Electric Supply Sub-Division, Ashiyana
                 Nagar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Miss. Nikita Mittal, Adv.
                 For the Respondent/s   :     Mr.Vivek Prasad, Adv.
                                              Mr. Ajay Kumar Gautam.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   05-01-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the Bihar State Power Holding Company.

                               2. A grievance has been raised by the petitioner that

                   she fulfills all the conditions even then the Power Holding

                   Company has refused to grant connection in her house which

                   has been constructed by her as her application for connection of

                   power has been refused to be taken on the ground that some

                   higher authorities has prevented to accept the same.

                               3. As per claim of the petitioner she has constructed a
             Patna High Court CWJC No.16313 of 2025(2) dt.05-01-2026
                                                        2/2




                       house over the Khata No. 974, Survey Plot No. 1453, Thana No.

                       01, Tauzi No. 5174 situated in Mauza Digha, P.S. Rajiv Nagar,

                       Patna.

                                   4. Learned counsel for the Power Holding Company

                       submits that actually the petitioner has not filed application for

                       connection.

                                   5. In such view of the matter, petitioner is directed to

                       file an application along with details of land. If such an

                       application is filed the Power Holding Company will be obliged

                       to grant power to the petitioner subject to deposit of fee and

                       charges as per law but this order will not create any semblance

                       of right title and possession of petitioner over the land but will

                       always be subject to result of proceeding if any pending initiated

                       by the State of Bihar or any Board or Corporation.

                                   6. With the aforesaid observation and direction this

                       writ petition is disposed of.



                                                                   (A. Abhishek Reddy , J)
Bhardwaj/-

U


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