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Patna High Court

Sharda Devi Ram @ Sarda DeviversusThe Bihar State Power Holding Company Limited

Decided
Disposal
DISPOSED

Holding

The court directed Respondent No.5 to accept the petitioner’s application for an electrical connection and to consider it within four weeks, thereby granting the writ of mandamus.

Summary

Sharda Devi filed a writ petition seeking a mandamus directing the Assistant Electric Engineer to accept her application for an electrical connection to her premises and to allow her to pay the requisite amount. She relied on a Supreme Court decision (Sri Chandu Khamaru v. Nayan Malik) and Section 43 of the Indian Electricity Supply Act, 2003, which she contended gives a statutory right to a connection within one month of application. The respondents argued that the petition could be disposed of with a direction to accept the application. The Patna High Court, after hearing, ordered Respondent No.5 to accept the petitioner's application and to consider it within four weeks, thereby granting the relief sought. The petition was consequently disposed of with the specified directions.

Issues considered

  • Does the petitioner have a statutory right to an electric connection under Section 43 of the Indian Electricity Supply Act, 2003?
  • Are the respondent electricity authorities obligated to accept the application and supply electricity within the period prescribed by law?
  • Can a writ of mandamus be issued directing the respondent to accept and process the application for connection?

Subjects

  • electric connection
  • mandamus
  • Indian Electricity Supply Act
  • Section 43
  • statutory right
  • electricity supply
  • public utility
  • high court writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.19175 of 2025
                 ======================================================
                 Sharda Devi Ram @ Sarda Devi Wife of Jawahir Ram Resident of Road no.-
                 21, Durga Mandir, Phulwari, District- Patna.

                                                                    ... ... Petitioner/s
                                                 Versus
           1.    The Bihar State Power Holding Company Limited 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,
                 South Bihar Power Distribution Company Limited, Bailey Road, Patna.
           4.    The Executive Engineer, Electric Supply Division, South Bihar Power
                 Distribution Company Limited, Danapur, Patna.
           5.    The Assistant Electric Engineer, Electric Supply Sub-Division, South Bihar
                 Power Distribution Company Limited, Digha, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Shakti Suman Kumar, Adv.
                 For the Respondent/s   :      Mr. Shrekant Sharan Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   29-01-2026                  Heard the parties.

                               2. The present writ petition has been filed for the

                   following relief(s) :

                                             “I. For issuance of a writ in the nature of
                                             mandamus or any other appropriate
                                             writ/direction/order directing the respondent
                                             authorities, particularly respondent no. 5 to
                                             accept the application of the petitioner for
                                             an electrical connection and allow her to
                                             deposit the requisite amount for supply of
                                             an electrical connection to the premises
                                             relating to the petitioner measuring an area
                                             of 15 (fifteen) Dhoor situated at Plot No.
                                             2422, Khata No. 292, Nepali Nagar, Mouza
                                             Digha, P.S. Rajeev Nagar, District Patna
                                             (hereinafter referred to as the "aforesaid
Patna High Court CWJC No.19175 of 2025(2) dt.29-01-2026
                                           2/3




                                       premises").
                                       II. For holding that in view of the judgment
                                       passed by the Hon'ble Supreme Court in
                                       Civil Appeal No. 7572 of 2011 (Sri Chandu
                                       Khamaru v. Smt. Nayan Malik & Ors.), the
                                       owner/ occupier has a statutory right for an
                                       electric connection and it is the duty of
                                       every licensee under Section 43 of the
                                       Indian Electricity Supply Act, 2003 to give
                                       supply of electricity to such premises within
                                       one month of receipt of the application.
                                       III. For necessary direction upon the
                                       respondent authorities to provide electricity
                                       supply to the premises of the petitioner
                                       within one month of the receipt of the
                                       application of the petitioner for electric
                                       connection.
                                       IV.          For           any           other
                                       writ(s)/order(s)/direction(s)    that    your
                                       Lordships may deem fit and proper in the
                                       attending facts and circumstances of the
                                       case.”

                           3. Learned counsel appearing on behalf of the

           respondents has stated that the present writ petition may be

           disposed of with a direction to the Respondent No. 5 to accept the

           application made by the petitioner along with the requisite amounts

           and consider the same in accordance with law.

                           4. Having regard to the above made submission, the

           present writ petition is disposed of with a direction to the

           Respondent No. 5 to accept the application of the petitioner for an

           electrical connection along with the requisite amount and consider

           the same strictly in accordance with law. The Respondent No. 5 is

           directed to consider the said application within a period of four
             Patna High Court CWJC No.19175 of 2025(2) dt.29-01-2026
                                                        3/3




                        weeks from the date of the copy of the receipt of this order.

                                        5. With the above directions, the present writ petition

                        stands disposed of to the extent indicated above.



                                                                 (A. Abhishek Reddy , J)
Bhardwaj/-

U


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