Patna High Court
Sharda Devi Ram @ Sarda DeviversusThe Bihar State Power Holding Company Limited
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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
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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
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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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