Patna High Court
Abhayanand RajakversusThe Bihar State Power Holding Company Limited
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court held that the petitioners must first file a complete online application within two weeks, after which the respondents are required to consider the application and decide within one month, thereby not issuing an immediate mandamus.
Summary
The petitioners, a group of residents of Patna, filed a writ petition seeking a mandamus directing the Assistant Electrical Engineers of South Bihar Power Distribution Company to accept their applications and supply electricity to their premises within one month. They alleged that, under Section 43 of the Indian Electricity Supply Act, 2003 and Clause 4.13(B) of the Bihar Electricity Supply Code, 2007, they have a statutory right to connection even on encroached public land upon furnishing the required documents. The respondents contended that the petitioners must first submit a proper online application with the requisite documents before any consideration can be given. The Court held that the petitioners must comply with the procedural requirement of filing the online application within two weeks, after which the respondents are obliged to consider the applications and decide within one month. Accordingly, the writ petition was disposed with these directions, without granting an immediate mandamus.
Issues considered
- The petitioners have a statutory right to an electricity connection under Section 43 of the Indian Electricity Supply Act, 2003.
- Whether Clause 4.13(B) of the Bihar Electricity Supply Code, 2007 obliges the respondents to grant connection on encroached public land.
- Whether the respondents must supply electricity within one month of receipt of a valid application.
- Whether the Court can issue a mandamus directing the respondents to accept the applications without the petitioners first filing a proper online application.
Subjects
- electricity connection
- mandamus
- statutory right
- Indian Electricity Supply Act
- Bihar Electricity Supply Code
- public land
- online application
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6667 of 2026
======================================================
1. Abhayanand Rajak Son of Mohan Rajak, C/o-Sanjay Rajak, Resident of
Mohalla-Braham Stahan Road, Sheikhpura Bagich, Jagdamba Place, P.O.-
B.V. Collage, Sheikhpura, Police Station-Sheikhpuras, District-Patna, at
present residing at Mohalla- Mahaveer Colony, Road No. 2, Ashiana, Police
Station-Rajiv Nagar, District-Patna-800011.
2. Poonam Kumari, D/O- Birendra Rajak, wife of Anshu Kumar, Resident of
Village- Karsa, Post Office and Police Station-Bikaram, District- Patna, at
present Resident of Mohalla- Panchvati Colony, 90 feet Road, Ashiana
Nagar, Police Station- Rajiv Nagar, District- Patna-25.
3. Mintu Devi, wife of Mukesh Ray, Resident of Mohalla- Bhikhanpur, Post
Office- Bhikhanpur, B Factory, Police Station- Ahyiyapur, District-
Muzaffarpur, at present residing at Mohalla- Mahaveer Colony, Road No.
10, Ashiana Nagar, Police Station-Rajiv Nagar, District-Patna-800025.
4. Bimal Kumar Singh, Son of Prabhu Dayal Singh, Resident of Mohalla- Devi
Mandir, Banskothi, Post Office and Police Station- Digha, District- Patna-
800011, at present Resident of Mohalla- Polson Road, Near SSB Camp,
Netaji Subhash Marg, Police Station- Digha, District- Patna.
5. Pratima Kumari, wife of Deepak Kumar, Resident of Mohalla- Road No. 24,
Ram Nihora Ray Path, S.V.M. School, Digha Ashiyana Road, Post Office-
Karpuri Sadan Police Station-Rajiv Nagar, District-Patna, at present
Resident of Mohalla- Ramnagri Sector- 4, Tulshi Nagar, Nepali Nagar,
Police Station- Rajiv Nagar, District- Patna-25.
6. Deepak Kumar Dubey, Son of Murari Mohan Dubey, Resident of Mohalla-
Chandra Vihar Colony, Ashiyana Digha Road,, Police Station- Rajiv Nagar,
District- Patna-800025, at present Resident of Mohalla- Ashiyana Digha
Road, Gourdor road, Police Station- Digha, District- Patna.
7. Raushan Kumar, Son of Trishuldhari Singh, Resident of Village-
Narsinghpur, Post Office- Gilani, Police Station- Jayrampur, District-
Sheikpura, at present Resident of Mohalla- Polson Road, Near SSB Camp,
Netaji Subhash Marg, Police Station- Digha, 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.6667 of 2026(2) dt.30-04-2026
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6. 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, Advocate.
For the Respondent/s : Mr. Vivek Prasad, Advocate.
Mr. Shrekant Sharan Singh, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 30-04-2026 Heard the learned counsel for the parties.
2. The present writ petition has been filed for the
following relief(s):-
“(i) For issuance of a writ in
the nature of mandamus commanding the
respondent authorities, particularly
respondent no. 5 & 6 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, Patna (Bihar), 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
Patna High Court CWJC No.6667 of 2026(2) dt.30-04-2026
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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 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 connection.”
3. The petitioners have filed the present writ
application for a direction upon the respondent nos. 5 & 6 i.e.
the Assistant Electrical Engineer, Electric Supply Sub Division,
South Bihar Power Distribution Company Limited, Digha,
Patna and the Assistant Electrical Engineer, Electric Supply Sub
Division, South Bihar Power Distribution Company Limited,
Ashiyana, Patna (Bihar) respectively to accept the applications
of the petitioners for installation of electric connection in the
houses of the petitioners and allow the petitioners to deposit the
requisite fees/amount for installation of electric connection at
Patna High Court CWJC No.6667 of 2026(2) dt.30-04-2026
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the premises of the petitioners situated at Rajiv Nagar Police
Station, Patna.
4. Learned counsel for the petitioners submits that the
petitioners tried to submit on-line application for new electric
connection but the said on-line applications have not been
accepted. The petitioners have been informed that electric
connection to the premises situated in Rajiv Nagar Area shall
not be allowed.
5. Learned counsel relies upon Clause 4.13(B) of
Chapter 4 of Bihar Electricity Supply Code, 2007, which
requires the respondents to grant electric connection even on
encroached Government / Semi Government / Public land
subject to furnishing of documents as required under the Supply
Code. Learned counsel submits that the petitioners are ready to
furnish all the documents along with requisite fees as required
under Clause 4.13(B) of Chapter 4 of Bihar Electricity Supply
Code, 2007.
6. Mr. Vivek Prasad, learned counsel for South Bihar
Power Distribution Company Limited submits that if the
petitioners submit on-line application for grant of electric
connection along with all the requisite documents as per the
Bihar Electricity Supply Code, 2007, the respondents no. 5 & 6
Patna High Court CWJC No.6667 of 2026(2) dt.30-04-2026
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shall consider the applications of the petitioners in accordance
with law and take appropriate decision within a period of one
month.
7. Having heard learned counsel for the parties and
taking into consideration the rival submissions, the present writ
application is disposed with a direction to the petitioners to
submit on-line application along with all the requisite
documents within a period of two weeks from today and if such
on-line applications are filed by the petitioners, the respondent
nos. 5 & 6 shall be obliged to consider the same in accordance
with law and take appropriate decision within one month on the
application of the petitioners.
8. With the above directions, the Writ Petition stands
disposed of.
(A. Abhishek Reddy, J)
shakir/-
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