Patna High Court
Atyant Kumar SinghversusThe Bihar State Power Holding Company Limited
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The court held that, under Section 43 of the Indian Electricity Supply Act, 2003 and Clause 4.13(B) of the Bihar Electricity Supply Code, 2007, the authority must accept the applications and supply electricity within a month, and therefore issued a mandamus directing Respondent No.5 to do so.
Summary
Four petitioners filed a writ petition seeking a mandamus directing the Assistant Electric Engineer (Respondent No.5) to accept their applications and provide electricity connections to their respective premises. They relied on a Supreme Court decision (Civil Appeal No.7572/2011) that recognized a statutory right to electricity, on Section 43 of the Indian Electricity Supply Act, 2003, and on 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 of with a simple direction to accept the applications. The High Court held that the statutory provisions impose a duty on the licensee to accept the applications and supply electricity within a month, and therefore issued a mandamus directing Respondent No.5 to accept the applications and consider them within four weeks. The petition was disposed of with the said direction.
Issues considered
- Whether the petitioners have a statutory right to an electricity connection under the Indian Electricity Supply Act, 2003 and the Bihar Electricity Supply Code, 2007.
- Whether the authority is obligated to accept the petitioners' applications and supply electricity within a month, warranting a writ of mandamus.
Subjects
- mandamus
- electricity connection
- statutory right
- Indian Electricity Supply Act
- Bihar Electricity Supply Code
- public utility
- consumer rights
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.935 of 2026
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1. Atyant Kumar Singh S/o Triveni Singh, resident of Mohalla-Near Jagat
Apartment, Ashiananagar P.5, P.S.-Rajiv Nagar, District-Patna. At present
resident of Plot No. 2575 and 2576, Tulsi Nagar, Nepali Nagar, P.S.-Rajiv
Nagar, District-Patna.
2. Preeti Kumari, W/o Sri Pawan Kumar, R/o-Mahavir Colony, Nepali Nagar,
P.S.-Rajiv Nagar, District-Patna. At present resident of Plot No. 2572 and
2573, Tulsi Nagar, Nepali Nagar, P.S.-Rajiv Nagar, District-Patna.
3. Ashok Kumar, S/o Sri Ramchandra Chaudhary, R/o Behind Shivam
Apartment Bharti Kunj, Ray Hassanpur Chai Tola, Patna, Arya Kumar Road,
Bankepor, Patna, P.S.-Gandhi Maidan, District-Patna. At present R/o-Plot
No. 2572, Tulsi Nagar, Nepali Nagar, P.S.-Rajiv Nagar, District-Patna.
4. Bhupendra Singh, S/o Sri Ranjeet Singh, R/o Teacher Colony, Road No. -D,
Near Shanti Market, Agam Kuan, P.S.-Agam Kuan, District-Patna. At
present resident of Plot No. 2573 and 2575, 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 Union,
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. Satyendra Rai, Adv.
For Respondent Nos.1to5: Ms. Aditi Sharma, Adv.
For the Respondent/s : Mr. Vivek Prasad, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 22-01-2026 Heard learned counsel for the parties.
2. The present Writ Petition has been filed for the
following reliefs:-
Patna High Court CWJC No.935 of 2026(2) dt.22-01-2026
2/3
"I. For issuance of the writ in the nature
of mandamus commanding the respondent
authorities, particularly respondent no.5 to accept
the applications of the petitioners for an electrical
connection and allow them to deposit the requisite
amount for supply of an electrical connection to the
premises of the petitioners bearing Khata No. 1608,
Plot No.2575 & 2576, Khata No. 1640, Plot No.
2572 & 2573, Khata No. 1641& 1642, Plot no.2572,
and Khata No.1641, plot no. 2573 & 2575
respectively 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 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.
IV. For necessary direction upon the
respondent authorities to provide electricity supply
to the premises of the petitioners within one month
of the receipt of the applications of the petitioners
for electric connection.
V. For any other relief(s) for which the
petitioners are entitled to."
3. Learned counsel appearing on behalf of the
respondents has stated that the writ petition may be disposed off
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.935 of 2026(2) dt.22-01-2026
3/3
present writ petition is disposed off with a direction to the
Respondent No. 5 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
petitioner stands disposed off to the extent indicated above.
(A. Abhishek Reddy , J)
Ayush/-
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