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Patna High Court

Rajnish Kumar JhaversusThe Bihar State Power Holding Company Limited

Decided
Disposal
DISPOSED

Holding

The court held that the power company is only obligated to grant electricity connection after the petitioners file a proper application with land details, subject to fees, and no inherent right over the land is created.

Summary

The petitioners, a group of seven residents, applied for electricity connection to a house they constructed in Patna. The Bihar State Power Holding Company refused to grant the connection, alleging that no formal application had been filed. The petitioners contended that they had satisfied all conditions for supply and that the refusal was arbitrary. The court examined the procedural requirement that a valid application, including land details, must be submitted before the utility can be compelled to provide service. It directed the petitioners to file the requisite application and, upon doing so, the company would be obliged to supply electricity subject to the prescribed fees, without conferring any right over the land. Consequently, the writ petition was disposed of.

Issues considered

  • What procedural requirements must be fulfilled before a power utility is obligated to grant electricity connection?
  • Does the refusal to supply electricity without a formal application constitute a violation of the petitioners' rights?

Subjects

  • electricity connection
  • power supply
  • writ petition
  • procedural requirement
  • consumer rights
  • civil writ jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.20160 of 2025
     ======================================================
1.    Rajnish Kumar Jha, Son of Raj Kumar Jha, Resident of Village- Arariya
      Ghorasahan, Police Station- Kundwa Chainpur, District- East Champaran, at
      present Resident of Mohalla- Shaktipuram Colony, Ashiana Nagar, Police
      Station- Rajiv Nagar, District- Patna.
2.   Aman Kumar, Son of Shivji Kumar, Resident of Village Mane, Ward No-12,
     Police Station-Ekma, District- Sharan at present Resident of Mohalla Aastha
     Colony, Nepali Nagar, 90 Feet Road, Ashiana Nagar, Police Station- Rajiv
     Nagar, District- Patna.
3.   Roma Singh, Wife of Rana Ravi Shankar Kumar, Resident of Mohalla- B-
     18, Near S.S. Complex, A.G. Colony, Post office- Ashiana Nagar, Police
     Station- Rajiv Nagar, District Patna at present Resident of Mohalla-
     Shaktipuram Colony, Nepali Nagar, Ashiana Nagar, Police Station- Rajiv
     Nagar, District- Patna.
4.   Chandan Kumar, Son of Shyama Chaudhary, Resident of Mohalla- Near
     Lord Buddha School, Nepali Nagar, Post office and Police Station- Rajiv
     Nagar, District Patna at present Resident of Mohalla- Shaktipuram Colony,
     Ashiana Nagar, Police Station- Rajiv Nagar, District- Patna, at present
5.   Harendra Kumar Singh, Son of Krishna Nandan Prasad Singh, Resident of
     Village- Saidabad Dhanraj Chhapra, Post Office- Saidabad, Police Station-
     Bikaram, District Patna at present Resident of Mohalla- Shaktipuram
     Colony, Nepali Nagar, Ashiana Nagar, Police Station- Rajiv Nagar, District-
     Patna, at present
6.   Prabhat Kumar Chaudhary, Son of Jitendra Kumar Chaudhary, Resident of
     Mohalla- Khagpura Mudra Sha Path- 2, BV Collage, Police Station-
     Rukanpura, District Patna at present Resident of Mohalla- Shaktipuram
     Colony, Nepali Nagar, Ashiana Nagar, Police Station- Rajiv Nagar, District-
     Patna.
7.   Ramadhar Singh, Son of Tipan Singh, Resident of Village- Bara, Police
     Station- Bikram, District- Patna at present Resident of Mohalla- Chandra
     vihar Colony, Road- 2, Nepali Nagar, Ashiana 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).
5.   The Assistant Electrical Engineer, Electric Supply sub- Division, South
         Patna High Court CWJC No.20160 of 2025(2) dt.05-01-2026
                                                    2/3




                 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.
                 ======================================================
                 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.

                               5. In such view of the matter, petitioners are directed
             Patna High Court CWJC No.20160 of 2025(2) dt.05-01-2026
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                       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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