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Patna High Court

Baby SinghversusThe Bihar State Power Holding Company

Decided
Disposal
DISPOSED

Holding

The petitioner must first file a proper application for electricity connection; only then will the power company be obliged to supply power subject to fees, and the order does not create any right of title over the land.

Summary

The petitioner, Baby Singh, sought a supply of electricity for her newly constructed house in Patna, claiming she met all conditions for a connection. The Bihar State Power Holding Company refused to grant the connection, alleging that no formal application had been filed. The petitioner contended that the refusal was arbitrary and that higher authorities had blocked her request. The court examined the procedural requirement and held that the petitioner must first submit a proper application with land details before the company can be compelled to supply power. Upon filing, the company would be obliged to provide electricity subject to the payment of applicable fees, but the order does not confer any title or possession rights over the land. Consequently, the writ petition was disposed.

Issues considered

  • Whether the power company is obligated to grant an electricity connection in the absence of a duly filed application.
  • Whether the petitioner has a vested right to electricity supply without complying with procedural requirements.

Subjects

  • electricity connection
  • power supply
  • writ petition
  • procedural requirement
  • consumer rights
  • electricity distribution

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16848 of 2025
                 ======================================================
                 Baby Singh, Wife of Pankaj Singh, Resident of Village- Digha Aashiyana
                 Road, Bajrang Bihar Colony, Sector-07, Ward No.02 (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, Bailey Road, Patna.
           3.    The General Manager-cum-Chief Engineer, Patna Electric Supply Union,
                 Bailey 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    :     Mrs.Nikita Mittal, Adv.
                                               Mr. Rajit Ranjan, Adv.
                                               Mr. Akash Raj, Adv.
                 For the Respondent/s    :     Mr.Vivek Prasad, Adv.
                 For the SBPDCL                Mr. Mukti Nath, Adv.
                                               Mr. Rajan Prakash, Adv.
                 ======================================================
                 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.
             Patna High Court CWJC No.16848 of 2025(2) dt.05-01-2026
                                                        2/2




                                   3. As per claim of the petitioner she has constructed a

                       house over the Khata No. 974, Survey Plot No. 1454, 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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