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Patna High Court

Manoj KumarversusThe Bihar State Power Holding Company Limited

Decided
Disposal
DISPOSED

Holding

The Court held that the Assistant Electrical Engineer must accept the petitioners’ application for an electrical connection and consider it within four weeks.

Summary

The petitioners, a group of residents of Patna, filed a writ petition seeking a mandamus directing the Assistant Electrical Engineer (Respondent No.5) of the South Bihar Power Distribution Company to accept their application for an electrical connection and allow them to deposit the requisite amount. The respondents argued that the petition could be disposed of by directing the Engineer to accept the application and consider it according to law. The Court examined whether the authority had a legal duty to process the application and whether a writ of mandamus was the appropriate remedy. Finding no legal impediment and noting the respondents' own suggestion, the Court ordered the Engineer to accept the application and consider it within four weeks. Consequently, the petition was disposed of to the extent of the directions issued.

Issues considered

  • Whether the Assistant Electrical Engineer is legally obligated to accept and process the petitioners' application for an electrical connection.
  • Whether a writ of mandamus is the appropriate remedy to compel the authority to act.

Subjects

  • writ of mandamus
  • electrical connection
  • public utility
  • service obligation
  • administrative law

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.2344 of 2026
     ======================================================
1.    Manoj Kumar, Son of Suryanath Singh, Resident of Village- Karkat Bigha,
      P.S.- Paliganj, District- Patna, At present Tiwari Lane, Ghurdaur Road, Near
      S.S.B. Camp, P.S.- Rajiv Nagar, District- Patna.
2.   Kavita Devi, Wife of Sri Pawan Kumar Pandey, Resident of Village- Bighan,
     P.S.- Manjhi, District - Saran, At present - Imrit Vihar Colony, Road No.- 5,
     Ghurdaur Road, P.S.- Digha, District- Patna.
3.   Mukesh Kumar, Son of Late Jagdev Rai, Resident of Mohalla- Digha Ghat,
     Mahatma Gandhi Lane, P.S.- Digha, District - Patna, At present - Polson
     Road, Near Durga Appartment,, P.S.- Digha, District - Patna.
4.   Rasendra Kumar Singh, Son of Sri Punya Deo Singh, Resident of Village-
     Ramgarh, P.S.- Siwan, District - Siwan, At present- Sahyog Colony, Road
     No.- 7, Nepali Nagar, 90 feet Road, P.S.- Rajiv Nagar, District- Patna.
5.   Renu Devi, Wife of Sri Krishna Kumar, Resident of Mohalla- Gayatri
     Market Kurji, P.S.- Patliputra, District- Patna, At present- Atal Nagar, Netaji
     Subhash Marg, Near Shiv Mandir, S.S.B.Camp, P.S.- Rajiv Nagar, District -
     Patna.
6.   Anil Kumar, Son of Sri Bigan Prasad, Resident of Mohalla- Digha Ghat,
     Chauhatta, P.S.- Digha, District- Patna, At present - Ashiyana- Digha Road,
     behind L.N.J.P., Opp. TVS Show Room, P.S.- Rajiv Nagar, District - Patna.
7.   Rambalak Rai, Son of Anirudha Ray, Resident of Mohalla- House No.- 66
     B, Nakta Diyara, P.S.- Digha, District - Patna, At present- Ashiyana- Digha
     Road, Opp. May Flower School, Beside Aatma Darshan, P.S.- Digha,
     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.
                                    Mrs. Y. Madhvi, Adv.
     ======================================================
         Patna High Court CWJC No.2344 of 2026(2) dt.13-02-2026
                                                     2/3




                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   13-02-2026                  Heard the parties.

                               2. The present writ petition has been filed for the

                   following relief(s) :

                                                 “………… 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 and Digha 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 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

                    weeks from the date of the copy of the receipt of this order.
             Patna High Court CWJC No.2344 of 2026(2) dt.13-02-2026
                                                         3/3




                                        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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