Patna High Court
CWJC/12569/2026 of Lalita Devi Vs The Bihar State Power Holding Company Limited on 18 August 2026
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12569 of 2026 ====================================================== 1. Lalita Devi wife of Pappu Kumar, Resident of Mohalla- Nepali Nagar, Ashiyana Nagar, Police Station-Rajiv Nagar, District Patna-800025, at present residing at
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12569 of 2026
======================================================
1.
Lalita Devi wife of Pappu Kumar, Resident of Mohalla- Nepali Nagar, Ashiyana Nagar, Police Station-Rajiv Nagar, District Patna-800025, at present residing at Mohalla-Mahaveer Colony, Road No. 5A, Ashiyana Nagar, Police Station-Rajiv Nagar, District-Patna-800025.
2.
Vijeta Singh, Wife of Barun Kumar Singh, Resident of Mohalla -Flat No.
301, Aradhya Mansion, A-231, Near A.G. Colony Park, Post Office- Ashiana Nagar, Police Station-District- Patna, Bihar, Pin-800025 at present Resident of Mohalla-Mahavir Colony, Road No.-10, Ashiana Nagar, Police Station- Rajiv Nagar, District- Patna-800025.
3.
Shambhu Rajak, Son of Baleshwar Rajak, Resident of Village - Nayar Dharmpur, Post Office-Keshonarayanpur, Police Station- Tajpur, District- Samastipur, Pin-848504 at present Resident of Mohalla- Aastha Colony, 90
Feet Road, Ashiana Nagar, Police Station- Rajiv Nagar, District- Patna -800025.
4.
Sanjay Kumar, Son of Ashok Kumar Sinha, Resident of Mohalla- Narayan Chowk Dev Kumar Sinha ka Hata Purbi Dahiyawan, Prof Colony, Post Office-Chhapra Sahelganj, Police Station- Town Thana (chhapra), District- Saran (Chhapra) Bihar, Pin- 841301 at present Resident of Mohalla-Mahavir Colony, Road No.-10, Ashiana Nagar, Police Station- Rajiv Nagar, District- Patna-800025.
5.
Sanjula Sharma, Wife of Sawaliya Sharma, Resident of Mohalla - Devki Nandan Apartment, Jagriti Nagar, Magistrate Colony, P.S.-Rajiv Nagar, District-Patna (Bihar), Pin-800014 at present Resident of Mohalla- Sahyog Colony, Road No. 7, 90 Feet Road, Near Shiv Mandir, Police Station- Rajiv Nagar, District-Patna-800025.
... ... 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).
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, Adv.
For the Respondent/s
:
Mr. Vaibhava Veer Shankar, Adv.
Mr. Kumar Gaurav, Adv.
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CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
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ORAL ORDER
18-08-2026 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the respondent-State.
2. The present writ application 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, 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 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. Learned counsel for the petitioners submits that the petitioners tried to submit on-line applications for new electric connection but the said on-line applications have not been accepted. The petitioners have been informed by the respondent authority that electric connection to the premises situated in Rajiv Nagar Area shall not be allowed.
4. Learned counsel for the petitioners further 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.
5. Learned counsel appearing for the respondent- BSPHCL submits that if the petitioners submit on-line applications for grant of electric connection along with all the requisite documents as per the Bihar Electricity Supply Code, 2007, the respondents Nos. 5 & 6 i.e. (The Assistant Electrical Engineer, Electric Supply, Sub-Division South Bihar Power Distribution Company Limited, Digha, Patna (Bihar) and (The Assistant Electrical Engineer, Electric Supply Sub-Division, South Bihar Power Distribution Company Limited, Ashiyana, Patna (Bihar), shall consider the applications of the petitioners in accordance with law and take appropriate decision within a period of one month from today.
6. Having heard learned counsel for the parties and taking into consideration the rival submissions, the present writ application is disposed of with a direction to the petitioners to submit on-line applications 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 i.e. (The Assistant Electric Engineer, Electric Supply, Sub-Division, South Bihar Power Distribution
Company Limited, Digha, Patna (Bihar) and (The Assistant Electrical Engineer, Electric Supply Sub-Division, South Bihar Power Distribution Company Limited, Ashiyana, Patna (Bihar), shall be obliged to consider the same and take appropriate decision in accordance with law within one month from the date of receipt of applications of the petitioners.
7. With the above directions, the writ petition stands disposed of.
Aman/- (Girijish Kumar, J) U