Patna High Court
Sujeet Kumar RoyversusThe Bihar State Power Holding Company Limited
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court directed Respondent No.5 to accept the petitioner’s application for electricity connection and to consider it within four weeks, thereby granting the writ of mandamus.
Summary
The petitioner, Sujeet Kumar Roy, applied for an electricity connection to his premises in Tulsi Nagar, Patna, but the Assistant Electric Engineer (Respondent No.5) refused to accept the application. The petitioner filed a writ petition seeking a mandamus directing the respondent to accept the application, allow payment of the requisite amount, and supply electricity within a month, relying on a Supreme Court decision (Sri Chandu Khamaru v Smt. Nayan Malik) and Clause 4.13(B) of the Bihar Electricity Supply Code, 2007. The respondents argued that the petition could be disposed of by merely directing Respondent No.5 to accept the application in accordance with law. The High Court held that the petitioner is statutorily entitled to an electric connection and that the respondent must accept the application and process it within the stipulated period. Accordingly, the Court issued a direction to Respondent No.5 to accept the application and consider it within four weeks, disposing the writ petition with those directions.
Issues considered
- Whether the owner/occupier of a premises has a statutory right to an electric connection under Section 43 of the Indian Electricity Supply Act, 2003.
- Whether, under Clause 4.13(B) of the Bihar Electricity Supply Code, 2007, the respondent must accept an application for connection even without proof of ownership.
- Whether a writ of mandamus is the appropriate remedy to compel the respondent to accept the application and supply electricity within a month.
Subjects
- electricity connection
- mandamus
- statutory right
- Indian Electricity Supply Act
- Bihar Electricity Supply Code
- writ petition
- public utility
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6733 of 2026
======================================================
Sujeet Kumar Roy S/o Murli Dhar Roy, resident of Ram Jay Pal Nagar, Gola
Road, Danapur-cum-Khagaul, P.S.- Rupaspur, District-Patna, At Present
resident of Tulsi Nagar (Nepalinagar), Plot No. 2572, 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 : Dr. Rahul Ray, Advocate.
For the Respondent/s : Mr. Vivek Prasad, Advocate.
Mr. Vaibhav Veer Shankar, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 30-04-2026 Heard learned counsel for the parties.
2. The present Writ Petition has been filed for the
following relief(s):-
“1) 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 him to deposit the
requisite amount for supply of an
Patna High Court CWJC No.6733 of 2026(2) dt.30-04-2026
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electrical connection to the premises of
the petitioner situated at Tulsi Nagar
(Nepalinagar) under Rajiv Nagar Police
Station. 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.
(II) For holding than 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.
(III) For necessary direction
upon the respondent authorities to
provide electricity supply to the premises
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 petitioners along with the requisite
amounts and consider the same in accordance with law.
4. Having regard to the above made submissions, the
Patna High Court CWJC No.6733 of 2026(2) dt.30-04-2026
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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 4 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/-
U
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