Patna High Court
Shanti SinghversusThe Bihar State Power Holding Company Limited
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The petitioners must file a formal application for electricity connection; upon filing, the power company must grant the connection subject to fees and charges.
Summary
The petitioners, a group of residents, applied for electricity connection to their newly constructed house in Patna but were denied by the Bihar State Power Holding Company Limited, which claimed no application had been filed. The petitioners argued they met all conditions for connection, while the power company maintained that an application was a prerequisite. The court examined whether the power company could refuse service absent a formal application. It held that the petitioners must first submit a proper application with land details, after which the company is obligated to provide electricity subject to the applicable fees and charges. The court emphasized that this direction does not confer any right, title, or possession over the land, which remains subject to any pending state or board proceedings. Consequently, the writ petition was disposed.
Issues considered
- Whether the power company is required to grant electricity connection without a formal application from the petitioners
- Whether the refusal to grant connection amounts to a violation of the petitioners' rights under applicable electricity supply regulations
Subjects
- electricity connection
- power supply
- public utility
- writ petition
- application requirement
- consumer rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18507 of 2025
======================================================
1. Shanti Singh Wife of Jai prakash Singh, Resident of Mohalla- 55 L.I.C.
Colony, Kankarbagh, Anchal- Patna Sadar, Police Station- Kankarbag,
District- Patna at present Resident of Mohalla- Mahavir Colony, Road No. 7,
Nepali Nagar, Ashiana Nagar, Police Station- Rajiv Nagar, District- Patna
2. Kunal Kumar, Son of Amrender Sharma @ Amrendra Sharma, Resident of
Mohalla- Adarsh Nagar, Police Station- Korrah, District- Hazaribag
(Jharkhand) at present Resident of Mohalla- Mahavir Colony, Opposite
Road No.- 1 Mahavir Colony, Ashiyana Nagar, Police Station - Rajiv Nagar,
District- Patna.
3. Kumar Aman, Son of Ramashray Prasad Singh @ Ramashray Prasad,
Resident of Village- Kabala, P.O. Budgauli, Police Station - Pakri Verma,
District- Nawada at present Resident of Mohalla- Mahavir Colony, Road
No.- 6, Ashiyana Nagar, Police Station -Rajiv Nagar, District- Patna.
4. Shila Devi, Wife of Subodh Kumar @ Sobodh Kumar, Resident of Mohalla
Geeta Niwas, Nepali Nagar, Mahavir Colony, P.O. Ashiananagar, Police
Station Rajiv Nagar, District- Patna at present Resident of Mohalla- Chandra
Vihar Colony Road No. 14, Ashiyana Nagar, Police Station- Rajiv Nagar,
District- Patna.
5. Dharmendra Kumar, Son of Late Lala Rai, Resident of Mohalla- Ramji
Chak Digha, Yadav Gali, P.O. Bataganj, Police Station- Digha, District-
Patna at present Resident of Mohalla- Mohalla- Ramnagri, Sectior 4, Near
Rajan bakery, Gandhi Nagar, Ashiyana Nagar, Police Station - Rajiv Nagar,
District- Patna.
6. Sabita Kumari, Wife of Sanjay Kumar, Resident of Mohalla- Daigutlu,
Dhobiline P.O.- Mango Police Station- Azad Nagar, District-Jamshedpure
(Jharkhand) at present Resident of Mohalla- Mahavir Colony, Ashiyana
Nagar, Police Station- Rajiv Nagar, District- Patna.
7. Rekha Devi, Wife of Sudhir Kumar, Resident of Mohalla- Lakshya
Apartment, Block - D, Near Jay Prakash Udayan Adity Apusi, P.O. and P.S-
Adiyapur, District- Seraikela Kharsawan (Jharkhand) at present Resident of
Mohalla- Mahavir Colony, Ashiyana Nagar, Police Station- Rajiv Nagar,
District- Patna.
... ... Petitioner/s
Versus
1. The Bihar State Power Holding Company Limited through its Chairman,
Vidyut Bhawan, Baliey Road, Patna- 800001 (Bihar).
2. The South Bihar Power Distribution Company Limited, through its
Managing Director, Vidyut Bhawan, Baliey Road, Patna- 800001 (Bihar).
3. The General Manager-cum-Chief Engineer, Patna Electric Supply Union,
South Bihar Power Distribution Company Limited, Bailey Road, Patna
(Bihar).
4. The Executive Engineer, Electric Supply Division, South Bihar Power
Distribution Company Limited, Danapur, Patna (Bihar).
Patna High Court CWJC No.18507 of 2025(2) dt.05-01-2026
2/3
5. The Assistant Electrical Engineer, Electric Supply Sub- Division, South
Bihar Power Distribution Company Limited, Digha, Patna (Bihar).
6. The Assistant Electrical Engineer, Electric Supply sub- Division, South
Bihar Power Distribution Company Limited, Digha, Patna (Bihar).
7. The Assistant Electrical Engineer, Electric Supply sub- Division, South
Bihar Power Distribution Company Limited, Ashiyana, Patna (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sachin Kumar, Adv.
For the Respondent/s : Mr.Vivek Prasad, Adv.
For the BSPHCL Ms. Aditi Sharma, 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 petitioners that
they fulfills all the conditions even then the Power Holding
Company has refused to grant connection in their house which
has been constructed by them as their 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 petitioners they have
constructed a house at Thana No. 01, under Ward No. 02 of
Patna Municipal Corporation, Mauza-Digha, P.S. Rajiv Nagar,
Patna.
4. Learned counsel for the Power Holding Company
submits that actually the petitioners have not filed application
for connection.
Patna High Court CWJC No.18507 of 2025(2) dt.05-01-2026
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5. In such view of the matter, petitioners are 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 petitioners subject to deposit of fee and
charges as per law but this order will not create any semblance
of right title and possession of petitioners 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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