Patna High Court
Rima DeviversusThe Bihar State Power Holding Company Limited
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court directs the respondents to accept the petitioners’ application for electricity connection and to consider it within four weeks, thereby granting the writ of mandamus.
Summary
A group of petitioners filed a writ petition seeking a mandamus directing the Assistant Electrical Engineers of South Bihar Power Distribution Company to accept their applications for electricity connections and to supply power within one month. They relied on a Supreme Court decision (Sri Chandu Khamaru v. Nayan Malik) and Section 43 of the Indian Electricity Supply Act, 2003, asserting a statutory right to connection, as well as Clause‑4.13(B) of the Bihar Electricity Supply Code, 2007, which permits connections even without proof of ownership. The respondents argued that the petition could be disposed of with a simple direction to accept the applications. The Court agreed, directing the respondents to accept the applications and consider them within four weeks, thereby disposing of the petition.
Issues considered
- Does the owner/occupier have a statutory right to an electric connection under Section 43 of the Indian Electricity Supply Act, 2003?
- Is the licensee obligated to supply electricity within one month of receipt of the application?
- Can the respondents be compelled, under Clause‑4.13(B) of the Bihar Electricity Supply Code, 2007, to accept applications even without proof of ownership?
- Is a writ of mandamus appropriate to enforce the above duties?
Subjects
- electricity connection
- mandamus
- writ petition
- statutory right
- Indian Electricity Supply Act
- Bihar Electricity Supply Code
- consumer rights
- public utility
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.51 of 2026
======================================================
1. Rima Devi wife of Late Jitendra Kumar, Resident of Mohalla House No. 13,
North Mandiri, Buddha Colony, Post office- G.P.O., Police Station- Buddha
Colony, District- Patna, at present Resident of Mohalla-Shaktipuram Colony,
90 feet Road, Nepali Nagar, Ashiana Nagar, Police Station- Rajiv Nagar,
District- Patna
2. Ajay Kumar Tripathi Son of Ram Chandra Tripathi, Resident of Mohalla
-Plot No. 410, Nepali Nagar, North of Ashiyana Nagar, Police Station-Rajiv
Nagar, District-Patna at present Resident of Mohalla- Shaktipuram Colony,
Nepali Nagar, Ashiana Nagar, Police Station- Rajiv Nagar, District- Patna-25
3. Nita Devi Wife of Dhruv Tiwari, Resident of Village-Iswarpur,
Kamamenpur, Police Station-Kamamenpur, District- Bhojpur at present
Resident of Mohalla-Bajarang Vihar Colony, Uttri Nepali Nagar, Ashiana
Nagar, Police Station- Rajiv Nagar, District- Patna-25
4. Kumari Puja Singh Wife of Amrendra Kumar Singh, Resident of Village-
Ekauna, Police Station- Barhara, District- Patna at present Resident of
Mohalla-Mahaveer Colony, Road No. 7, Ashiyana Nagar, Police Station-
Rajiv Nagar, District- Patna-25,
5. Dhiraj Singh Son of Tej Narayan Singh, Resident of Village-Ekavana,
Akauna Police Station- Barhara, District- Bhojpur at present Resident of
Mohalla- Mahaveer Colony, Road No. 7, Ashiyana Nagar, Police Station-
Rajiv Nagar, District- Patna-25
6. Nisha Rani Wife of Kishor Kunal, Resident of Village-Gonwan Ward No.
04, Basaurha, Post Office-Sadisopur, Police Station- Behta, District- Patna at
present Resident of Mohalla- Mahaveer Colony, Road No. 5B, Ashiyana
Nagar, Police Station- Rajiv Nagar, District- Patna-25,
7. Kunal Kishore, Son of Ashok Kumar Singh, Resident of Mohalla-Flat No.
302, Karanpura Vidhya Alankar Bhawan, Kavi Raman Path, Gold Gym,
Nageshwar Colony, Post Office- G.P.O.-Police Station- Kotwali, District-
Patna at present Resident of Mohalla- Shaktipuram Colony, 90 feet Road,
Nepali Nagar, Ashiana Nagar, Police Station- Rajiv Nagar, District- Patna
8. Ashok Kumar Son of Keshv Prasad Singh, Resident of Village- Ekta Nagar,
Bihari Mill, P.O.- Arrah Police Station- Arrah Town, District- Bhojpur at
present Resident of Mohalla- Shaktipuram Colony, 90 feet Road, 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
Bihar Power Distribution Company Limited, Digha, Patna(Bihar).
Patna High Court CWJC No.51 of 2026(2) dt.13-01-2026
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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
For the Respondent/s : Mr.Vivek Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 13-01-2026 Heard the learned counsel for the parties.
The present writ petition has been filed for the
following reliefs:-
“(i) For issuance of a writ in the
nature of mandamus commanding the respondent
authorities, particularly respondent no. 6 & 7 i.e.
the Assistant Electrical Engineer, Electric Supply
sub- Division, South Bihar Power Distribution
Company Limited, Digha, Patna, the Assistant
Electrical Engineer, Electric Supply sub-
Division, South Bihar Power Distribution
Company Limited, Ashiyana, to accept the
application of petitioner for an electrical
connection and allow them to deposit the
requisite amount for supply of an electrical
connection to the premises of the petitioner
situated Rajiv Nagar Police Station & Digha
Police Station, District-Patna.
(ii) For holding that in view of the
order passed by the Hon'ble Supreme Court in
Civil Appeal No. 7572/2011 (Sri Chandu
Khamaru Vs. Smt. Nayan Malik and others), the
owner/ occupier of the premises 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 holding that in view of
Clause-4.13(B) of the Bihar Electricity Supply
Code, 2007, even the person, who is not able to
produce the proof of ownership of the premises
are allowed to take electric connection on
Patna High Court CWJC No.51 of 2026(2) dt.13-01-2026
3/3
submission of certain documents.
(iv) For necessary direction upon
the respondent authorities to provide electricity
supply to the premises of the petitioner within
one mount of the receipt of the application of the
petitioner for electric connation.”
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 Nos. 6 & 7 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 Nos. 6 & 7 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.
5. With the above directions, the present writ petition
stands disposed of to the extent indicated above.
(A. Abhishek Reddy, J)
Ayush/-
U
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