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Patna High Court

Ajay KumarversusThe Bihar State Power Holding Company Limited

Decided
Disposal
DISPOSED

Holding

The court held that the petitioners must file a proper application with land details, after which the power company is obliged to grant the connection subject to fees, and the writ petition is disposed.

Summary

The petitioners, four residents of Patna, applied online for new electricity connections to their houses and claim to have fulfilled all statutory conditions. The Bihar State Power Holding Company refused to grant the connections, alleging that no application had been filed. The petitioners contended that the refusal was arbitrary and sought a writ directing the company to provide the connections. The court examined the submissions and directed the petitioners to file a formal application with detailed land information. Upon filing, the power company would be required to supply electricity subject to the payment of applicable fees, without conferring any title or possession rights over the land. The court emphasized that the order does not create any right over the land and disposed of the writ petition.

Issues considered

  • Whether the power company is legally bound to grant electricity connections when petitioners claim to have applied and met conditions
  • Whether the refusal to accept the application amounts to an illegal denial of service

Subjects

  • electricity connection
  • power supply
  • refusal of service
  • online application
  • writ petition
  • public utility
  • consumer rights
  • procedural compliance

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.18853 of 2025
     ======================================================
1.    Ajay Kumar, Son of Ramavtar Singh, Resident of Mohalla- Gate No.-88,
     Makdumpur, P.S.- Digha, District- Patna, At present- Atal Nagar, Netaji
     Subhash Marg, Near Shiv Mandir, S.S.B. Camp, P.S.- Rajiv Nagar, District-
     Patna.
2.   Rupesh Kumar, Son of Late Ramanand Sharma, Resident of Village-
     Parsawan, P.S.- Pandark, District- Patna, At present- 90 Feet Road, near Kali
     Mandir, Nepali Nagar, P.S.- Rajiv Nagar, District- Patna.
3.   Sandhya Devi, Wife of Sri Santosh Kumar Sharma, Resident of Mohalla-
     Ward No.02, Bhatwaliya Chailabhar, P.S.- Maghauliya, District- West
     Champaran, At present- Road No.-2, Jagdamba Colony, Maa Kali Cement
     Shop Road, P.S.- Rajiv Nagar, District- Patna.
4.   Ramnath Thakur, Son of Chandradip Thakur, Resident of Village- Ward No.-
     9, Jagdishpur, P.S.- Raja Pakar, District- Vaishali, At present- Atal Nagar,
     Netaji Subhash Marg, Near Shiv Mandir, S.S.B. Camp, P.S.- Rajiv Nagar,
     District- Patna.

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

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Sunil Kumar Singh, Adv.
     For the Respondent/s   :      Mr.Vivek Prasad, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
         Patna High Court CWJC No.18853 of 2025(2) dt.05-01-2026
                                                    2/3




                                                  ORAL ORDER

2   05-01-2026                       Heard learned counsel for the petitioners 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, all petitioners are living with their

                   family members at P.S. Rajiv Nagar, Patna and they have

                   submitted an on-line application for taking new electricity

                   connection in their names.

                               4. Learned counsel for the Power Holding Company

                   submits that actually the petitioners have not filed application

                   for connection.

                               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
             Patna High Court CWJC No.18853 of 2025(2) dt.05-01-2026
                                                        3/3




                       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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