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Patna High Court

Ravindra Kumar VermaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The writ petition is not maintainable and is dismissed as the dispute requires civil court intervention.

Summary

Ravindra Kumar Verma filed a writ petition seeking a mandamus directing the State of Bihar and related authorities to disconnect electricity and water connections used by respondents Vikki Kumar, Chandan Kumar and Dinesh Kumar, who reside in the disputed premises. The petitioner alleged the connections were illegal and wanted the court to order their disconnection and restrain the respondents from using the utilities. The High Court held that the petition was not maintainable because the dispute concerns ownership and possession of the property, which is a civil matter. Until a civil court declares the respondents' occupation unlawful, their basic amenities cannot be cut off. Consequently, the writ petition was dismissed, with liberty granted to the petitioner to approach a civil court for relief.

Issues considered

  • Whether a writ of mandamus can be issued to disconnect electricity and water supplies in a property dispute.
  • Whether the High Court has jurisdiction to entertain the writ petition or the matter should be pursued in a civil court.

Subjects

  • writ petition
  • mandamus
  • electricity supply
  • water supply
  • property dispute
  • civil suit
  • jurisdiction
  • eviction
  • partition
  • High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2464 of 2026
                 ======================================================
                 Ravindra Kumar Verma Son of Late Mathura Prasad Verma, Resident of
                 Village/Mohalla-Ghasiyari Tola, Post Office-Begampur, Police Station-
                 Chowk, District-Patna.
                                                                           ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Department of Energy,
                  Govt. of Bihar, Patna.
           2.    The Chairman, South Bihar Power Distribution Company, Vidhut Bhawan,
                 Patna.
           3.    The Managing Director, South Bihar Distribution Company, Vidhut
                 Bhawan, Patna.
           4.    The Executive Engineer, Electric Supply Sub-Division, Chowk Thana, Patna
                 City, Patna.
           5.    The Assistant Electric Engineer, Electric Supply Sub-Division, Chowk
                 Thana, Patna City, Patna.
           6.    The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok
                 Complex, Patna.
           7.    The Executive Engineer, Water Supply Division, Patna Municipal
                 Corporation, East Anchal, Mina Bazar, Patna.
           8.    Vikki Kumar, Son of Late Arun Kumar, Resident of Mohalla-Ghasiyari Tola,
                 P.O.-Begampur, P.S.-Chowk, District-Patna.
           9.    Chandan Kumar, Son of Late Uday Kumar, Resident of Mohalla-Ghasiyari
                 Tola, P.O.-Begampur, P.S.-Chowk, District-Patna.
           10. Sri Dinesh Kumar, Son of Late Mathura Prasad Verma, Resident of Mohalla-
                Ghasiyari Tola, P.O.-Begampur, P.S.-Chowk, District-Patna.
                                                                        ... ... Respondent/s
               ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Chandra Bhushan Verma, Adv.
                 For the Respondent/s   :      Mr.Government Pleader 26
                 For the PMC                   Mr. Prasoon Sinha, Sr. Adv.
                                               Mr. Prabhat Kr., Adv.
                 For the SBPDCL                Dr. Anand Kr., Adv.
                                               Mr. Rajan Prakash, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

4   25-06-2026                 Heard learned counsel for the parties.

                               2. The present writ petition has been filed for the

                   following relief(s):-
Patna High Court CWJC No.2464 of 2026(4) dt.25-06-2026
                                            2/3




                              “i) For issue a writ in the nature of Mandamus
                              directing to the Respondents to disconnect the
                              illegal    electricity     and   water   connections
                              standing in the name of Respondent no. 08 to 10
                              from the petitioners property.
                              ii) To direct the respondent authorities to decide
                              the petitioner's representation within a time
                              bound period.
                              iii) For issuance of direction in the name of
                              Respondents to restrain Respondent no. 08 to
                              10 from using electricity and water facilities in
                              the disputed premises.
                              iv) Pass any other order(s) as this Hon'ble
                              Court may deem fit in the interest of Justice.”


                      3. Having regard to the relief sought in the present

          writ petition, this Court is of the view that the present writ

          petition is not maintainable, the petitioner is seeking

          disconnection of the electricity and water supply connections in

          the premises where the Respondent Nos. 8 to 10 herein are

          residing. If the petitioner has any grievance with regard to

          inheritance of property or exclusive entitlement to the property,

          the appropriate remedy available to him is to approach the

          competent Civil Court by filing a suit for declaration and

          eviction or for partition.

                      4. Admittedly, Respondent Nos. 8 to 10 are residing in
             Patna High Court CWJC No.2464 of 2026(4) dt.25-06-2026
                                                         3/3




                       the house where the electricity and water supply connections

                       exist. Unless and until their occupation or possession of the

                       property is declared unlawful by a competent Civil Court, their

                       enjoyment of basic amenities cannot be disturbed. As long as

                       Respondent Nos. 8 to 10 continue to reside in the said premises,

                       the electricity and water supply connections cannot be directed

                       to be disconnected.

                                   5. Having regard to the above, this Court does not find

                       any merits in the present writ petition and the same is

                       accordingly dismissed. However, liberty is granted to the

                       petitioner to approach the appropriate Civil Court for redressal

                       of his grievances.


Bhardwaj/-                                                        (A. Abhishek Reddy , J)

U


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