Patna High Court
Chinta DeviversusThe Bihar State Power Holding Company Limited through, its Chairman,
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court directed the Executive Engineer (Respondent No.5) to accept the petitioner's application for an electrical connection and to consider it within four weeks.
Summary
Petitioner Chinta Devi filed a writ petition seeking a mandamus directing the Bihar State Power Holding Company and its subsidiaries to accept her application for an electrical connection and to supply electricity within a month. She relied on a Supreme Court decision (Sri Chandu Khamaru v. Nayan Malik) that recognizes a statutory right to electricity for owners/occupiers, Section 43 of the Indian Electricity Supply Act, 2003, and Clause‑4.13(B) of the Bihar Electricity Supply Code, 2007, which permits connection even without proof of ownership upon submission of certain documents. The respondents argued that the petition could be disposed by merely directing the concerned officer to accept the application. The Court held that the respondent (Executive Engineer) must accept the petitioner's application and consider it within four weeks, thereby granting the relief sought. The petition was consequently disposed to the extent of the directions given.
Issues considered
- Whether the petitioner has a statutory right to an electricity connection under Section 43 of the Indian Electricity Supply Act, 2003 and the Supreme Court precedent.
- Whether Clause‑4.13(B) of the Bihar Electricity Supply Code, 2007 obliges the utility to accept an application without proof of ownership.
- Whether a writ of mandamus is the appropriate remedy to compel the utility to accept the application and supply electricity within a month.
Subjects
- electricity connection
- mandamus
- statutory right
- Indian Electricity Supply Act
- Bihar Electricity Supply Code
- consumer rights
- public utility
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5427 of 2026
======================================================
Chinta Devi W/o Sri Lalbahadur Ram, R/o - Shriwastawanagar, Khurmabad,
Siwan, P.S. - Siwan Town, District- Siwan. At present resident of Plot No.
2573, Tulsi Nagar, Nepali Nagar, P.S. - Rajiv Nagar, District- Patna.
... ... Petitioner/s
Versus
1. The Bihar State Power Holding Company Limited through, its Chairman,
Vidyut Bhawan, Bailey Road, Patna.
2. The South Bihar Power Distribution Company Ltd. through its Managing
Director, Vidyut Bhawan, Bailey Road, Patna.
3. The General Manager-cum-Chief Engineer, Patna Electric Supply Division,
South Bihar Power Distribution Company Ltd. Bailey Road, Patna.
4. The Executive Engineer, Electric Supply Division, South Bihar Power
Distribution Company Ltd. Ashiana Nagar, Patna.
5. The Assistant Electric Engineer, Electric Supply Sub-Division, South Bihar
Power Distribution Company Ltd. Ashiana Nagar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shree Nivas Madhuvan, Advocate.
For the Respondent/s : Mr.Vivek Prasad, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 22-04-2026 Heard the learned counsel for the parties.
2. The present Writ Petition has been filed for the
following relief(s):-
“(i) For issuance of the writ in
the nature of mandamus commanding the
respondent authorities, particularly
respondent no. 5 to accept the application
of the petitioner for an electrical
connection and allow her to deposit the
requisite amount for supply of an
electrical connection to the premises of
the petitioner bearing Khata No. 1641,
Patna High Court CWJC No.5427 of 2026(2) dt.22-04-2026
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Plot No.2573, Tauzi No.5339 situated at
Rajiv Nagar Police Station.
(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 a month.
(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 submission of
certain documents,
(iv) For necessary direction
upon the respondent authorities to
provide electricity supply to the premise
of the petitioner within one month of the
receipt of the application of the petitioner
for electric connection.”
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 submissions, the
present writ petition is disposed of with a direction to the
Respondent No. 5 to accept the application of the petitioner for
Patna High Court CWJC No.5427 of 2026(2) dt.22-04-2026
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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)
shakir/-
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