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Patna High Court

Nikita BharativersusThe Bihar State Power Holding Company Limited

Decided
Disposal
DISPOSED

Holding

The electricity supply authority must accept the petitioners' application for an electrical connection and consider it strictly in accordance with law.

Summary

The petitioners, a group of residents, filed a writ petition in the Patna High Court seeking a mandamus directing the Assistant Electrical Engineer of South Bihar Power Distribution Company Ltd. (Respondent No.5) to accept their application and requisite payment for an electrical connection to premises at Rajiv Nagar Police Station. The respondents argued that the petition could be disposed of with a direction to accept the application in accordance with law. The Court examined whether the statutory duty of the electricity supply authority includes the obligation to process such applications and whether a writ of mandamus is appropriate. It held that the authority must accept the application and consider it within the legal framework. Consequently, the Court issued a direction to Respondent No.5 to accept the application, receive the payment and decide on it within four weeks, thereby disposing of the writ petition.

Issues considered

  • Whether the electricity supply authority is legally bound to accept the petitioners' application for an electrical connection.
  • Whether a writ of mandamus can be issued to compel the authority to accept the application and consider it in accordance with law.

Subjects

  • electrical connection
  • mandamus
  • writ jurisdiction
  • public utility
  • electricity supply
  • consumer rights

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.20351 of 2025
     ======================================================
1.    Nikita Bharati Wife of Sri Rahul Kumar, Resident of Village- Hathauri, P.S.-
      Hathauri, District- Muzaffarpur, At present- Atal Nagar, netaji Subhash
      Marg, near Ankit Gril Shop, S.S.B. Camp, P.S.- Rajiv Nagar, District- Patna.
2.   Arti Kumari, D/o Sri Vinod Yadav, Resident of Village- Mehda Shahpur,
     P.S.- Cheriya Bariyarpur, District- Begusarai, At present- Jagdamba Colony,
     Road No.- 5, Maa Kali Cement Sho0p Road, P.S.- Rajiv Nagar, District-
     Patna.
3.   Jyoti Devi, Wife of Sri Santosh Kumar, Resident of Mohala- North Patel
     Nagar, Road No.- 06, P.S.- Patliputr, District- Patna, At present- Road No.-
     5, Jagdamba Colony, Sector- 7, P.S.- Rajiv Nagar, District- Patna.
4.   Shila Devi, Wife of Sri Guddu Pandit, Resident of Mohalla- XTTI Road,
     North Digha Ghat, P.S.- Digha, District- Patna, At present- Mother Colony,
     Near Sharma Steel Shop, Maa Kali Cement Shop Road, Ghurdaur Road,
     P.S.- Rajiv Nagar, District- Patna.
5.   Sonika Mishra, Wife of Sri Niranjan Kumar Mishra, Resident of Village-
     Puraina, P.S.- Barharia, District- Siwan, At present- Road No.- 2, Jagdamba
     Colony, Sector- 7, Baliram Nagar, near Dr. Sandip Prasad, P.S.- Rajiv Nagar,
     District- Patna.
6.   Rajeev Kumar Singh, Son of Sri Braj Kishor Singh, Resident of Village-
     Nowgain, VTC, P.S.- Sangrampur, District- Munger, 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 SBPDCL             :      Mr. Mukti Nath, Adv.
                            :      Mr. Rajan Prkash, Adv.
     For the Respondent/s   :      Mr. Vivek Prasad, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
         Patna High Court CWJC No.20351 of 2025(2) dt.13-01-2026
                                                    2/3




                                                  ORAL ORDER

2   13-01-2026                 Heard the learned counsel for the parties.

                               The present writ petition has been filed for the

                   following reliefs:-

                                                               “1. That this writ application is
                                                   being filed on behalf of the petitioners for
                                                   issuance of a writ in the nature of mandamus
                                                   commanding the respondent authorities,
                                                   particularly respondent No. 5 to accept the
                                                   application of the petitioners for an
                                                   electrical connection and allow him to
                                                   deposit the requisite amount for supply of an
                                                   electrical connection to the premises of the
                                                   petitioners situated Rajiv Nagar Police
                                                   Station, District-Patna.”
                               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 petitioners 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 petitioners 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 weeks from the date of the copy of the

                   receipt of this order.
          Patna High Court CWJC No.20351 of 2025(2) dt.13-01-2026
                                                     3/3




                                5. With the above directions, the present writ petition

                    stands disposed of to the extent indicated above.



                                            (A. Abhishek Reddy, J)
Ayush/-

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