Patna High Court
Suman DeviversusThe Bihar State Power Holding Company
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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
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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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