Patna High Court
Ajay Kumar vs South Bihar Power Distribution Company ... on 27 June, 2018
Author: Vikash Jain
Bench: Vikash Jain
Patna High Court CWJC No.17619 of 2017 dt.27-06-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17619 of 2017
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Ajay Kumar, S/o- Late Nand Kishor Prasad, proprietor of Pushpam Vastralay,
S-112 Khetan Super Market, 2nd Floor, Birla Mandir Road, P.S.- Pirbahor,
District- Patna.
.... .... Petitioner/s
Versus
1. South Bihar Power Distribution Company Ltd. through its Chief Managing
Director, Vidyut Bhawan, Bailey Road, Patna.
2. Chief Managing Director, Bihar State Power Holding Co. Ltd., Vidyut Bhawan,
Bailey Road, Patna.
3. Chief Engineer-cum- General Manager (PESU), Bihar, Patna.
4. Executive Engineer (Electricity), New Bankipur Div., Bandar Bagicha, Patna.
5. Junior Electrical Engineer, Electric Supply Section, Bankipur, Patna.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashwini Kumar Gupta, Adv
Mr. Baidyanath Thakur, Adv
For the Respondent/s : Mr. Sanjay Kumar Giri, Adv
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date: 27-06-2018
I.A. No. 4547 of 2018
The interlocutory application has been filed with a prayer for
amendment by adding the following prayer in the main writ
application in view of Annexure-B of the counter affidavit by
issuance of a writ in the nature of certiorari -
(iii) For quashing the letter dated 07.11.2017 (Annexure-
B) whereby the prayer of the petitioner to get electric
connection in the "Pushpam Vastralay" located at shop no.
112, Khetan Super Market, 2 nd Floor, Birla Mandir Road, P.S.
Pirbahore, District Patna was rejected on the ground that he
Patna High Court CWJC No.17619 of 2017 dt.27-06-2018
did not make available the required documents with respect
to that tenanted shop.
2. Having regard to the nature of the prayer, the
Interlocutory Application is allowed and the same shall be treated
as forming part of the main writ petition.
CWJC No. 17619 of 2017
3. The present writ petition has been filed for the following
reliefs--
(i) For a direction to the Junior Electrical
Engineer, New Bankipur Division, Bandar Bagicha,
Patna (Respondent no. 5) to give electric connection to
the petitioner in his shop named and styled as "Pushpam
Vastralay" located at shop no. 112, Khetan Super Market,
2nd Floor, Birla Mandir Road, P.S. Pirbahore, District
Patna.
(ii) Any other order/s may be passed, direction/s
be issued and relief/s granted with the petitioner is
entitled to in the facts and circumstances of the case.
(iii) For quashing the letter dated 07.11.2017
(Annexure-B) whereby the prayer of the petitioner to get
electric connection in the "Pushpam Vastralay" located
at shop no. 112, Khetan Super Market, 2 nd Floor, Birla
Mandir Road, P.S. Pirbahore, District Patna was rejected
on the ground that he did not make available the
required documents with respect to that tenanted shop.
4. Learned counsel for the petitioner makes a short
Patna High Court CWJC No.17619 of 2017 dt.27-06-2018
submission to the effect that the document required from the
petitioner, who is a tenant, cannot be furnished in view of inimical
relations with the landlord. The petitioner is in occupation of the
premises which is being resisted by the landlord for which Eviction
Suit No. 529 of 2014 has been filed and is pending in the Court of
Ist Sub Judge, Patna. It is therefore, submitted that it is not possible
to furnish the requisite documents. Reliance is placed on a
judgment dated 03.05.2017 passed by a Co-ordinate Bench of this
Court in CWJC No. 2963 of 2017 (Ashok Kumar vs. the Principal
Secretary, Department of Energy, Bihar, Patna and Others).
5. Learned counsel for the respondents refers to paras 8 and
9 of the counter affidavit, and relies upon Clause 4.13(A/a2) of the
Bihar Electricity Supply Code, 2007 (for short 'the Supply Code')
which requires a tenant to furnish the permission of the landlord
along with proof of ownership of the premises. It is stated that the
requisite documents were however not furnished, hence, the
application for new electric connection by the petitioner was
rejected by the impugned letter no. 280 dated 07.11.2017.
6. Having heard the parties and on consideration of the
materials on record, this Court finds merit in the writ petition. In a
similar matter in CWJC No. 2963 of 2017 this Court took note of the
Patna High Court CWJC No.17619 of 2017 dt.27-06-2018
provisions of Clause 4.13(A) of the Supply Code and came to the
following conclusion--
"Clause 4.13A itself shows that a person who wants a
connection must furnish the proof of ownership of the
premises such as valid power of attorney or latest rent
receipt or valid lease deed or rent agreement or copy of the
allotment order issued by the owner of the property should
be attached with application. As in the present case
petitioner himself in litigation with the owner itself shows
that petitioner is in occupation of the premises and this
Court also cannot overlook the provisions of Clause4.13 (B)
which has been inserted after the judgment of the Hon'ble
Supreme Court by which even Panwala, shops, Jhughi
Jhopri, slum settlers etc. even the encroachers of the
Government land who are unable to furnish proof of
ownership of premises shall be allowed to take electric
connection.
In such view of the matter, this Court directs the respondent
authority to accept the application of the petitioner and if
the petitioner pays the proper fee the respondent authority
is directed to give power connection within a period of 30
days from the date of filing of the application. The
respondent authority will be at liberty to fix pre-paid
electric meter. "
7. Learned counsel for the respondents has not been able to
show that the said judgment would not be applicable in the case of
the petitioner.
8. In the above circumstances, the writ petition is disposed of
Patna High Court CWJC No.17619 of 2017 dt.27-06-2018
in line with and on the same terms as the judgment dated
03.05.2017passed in CWJC No. 2963 of 2017, as aforesaid.
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