Patna High Court
Rupa Kumari vs South Bihar Power Distribution ... on 20 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2932 of 2021
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1. Rupa Kumari, Wife of Dr. Arvind Kumar Nanda, Resident of Mohalla-
Thatheri Bazar, (N.I.T. More, Ashok Rajpath), P.O. Mahendru, P.S.
Pirbahore, Town and District-Patna.
2. Dr. Arbind Kumar Nanda, Son of Late Ganga Pandit, Resident of Mohalla-
Thatheri Bazar, (N.I.T. More, Ashok Rajpath), P.O. Mahendru, P.S.
Pirbahore, Town and District-Patna.
... ... Petitioner/s
Versus
1. South Bihar Power Distribution Company Limited, through its Managing
Director (formerly Bihar State Electricity Board), Vidyut Bhawan, Bailey
Road, Patna.
2. The Executive Engineer (Electrical), South Bihar Power Distribution
Company Limited, Electric Supply Division, Bandar Bagicha, Dak Bunglow
Road, Patna.
3. Assistant Electrical Engineer, South Bihar Power Distribution Company
Limited, Electric Supply Division, Bandar Bagicha, Dak Bunglow Road,
Patna.
4. Electrical Superintending Engineer, South Bihar Power Distribution
Company Limited, Shivalaya Market, Patna-800004.
5. The Junior Electrical Engineer, South Bihar Power Distribution Company
Limited, Electric Supply Sub-Division, Patna University Campus
(Allahabad Bank), Patna 800004.
6. Sunil Kumar Nanda, Son of Ganaga Pandit, resident of Mohalla-Mahendru,
Thatheri Bazar, P.S. Pirbahore, Patgna-800005.
7. Sachin Kumar, Junior Electrical Engineer, South Bihar Power Distribution
Company Limited, Electric Supply Sub-Division, Patna University Campus
(Allahabad Bank), Patna- 800004.
Patna High Court CWJC No.2932 of 2021 dt.20-12-2021
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Kaushal Kumar, Advocate
For S.B.P.D.C.L. : Mr. Kumar Priya Ranjan (Addl. S.C.)
Mr. Kunal Tiwary (Asst.S.C)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 20-12-2021
Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s).
"(i) For issuance of a direction to
the respondent authority to restore the electric
connection which has been disconnected on 21st
December 2020 without any 15 days' notice to
the petitioner as contemplated under Section 56
of the Electricity Act, 2003.
(ii) For issuance of a direction to
dispose of the representation filed by the
petitioner under Section 351A of the
Constitution of India which has been received
by the respondent authority on 11.01.2021 but
has yet not been disposed of, may be considered
and issue a direction to restore the electric
connection to the petitioner's premises.
Patna High Court CWJC No.2932 of 2021 dt.20-12-2021
(iii) Pass such other order or orders
as your Lordships may deem fit and proper in
the interest of justice."
We are of the considered view that the petition
needs to be allowed, more so, in view of the admissions made in
the affidavit filed by the respondents to the effect that no
notice/intimation prior to disconnection of the electricity meter
was ever issued to the petitioners, in whose name the meter was
installed.
Pendency of dispute inter se the petitioners,
namely, 1. Rupa Kumari, and petitioner no. 2, namely Dr.
Arbind Kumar Nanda and the private respondent no. 3 would
not infringe the petitioner's right of prior intimation before
disconnection of the electricity meter.
Under these circumstances, we allow the petition
with a direction to the respondent nos. 1, 2 and 3 to forthwith re-
energize the electric connection of the meter already installed in
the premises belonging to the petitioners. The details of the
electricity meter are indicated in Annexure-A, (page 70) are as
follows:-
Patna High Court CWJC No.2932 of 2021 dt.20-12-2021
There is no dispute with regard to the payment for
no dues are payable.
Petition stands disposed of in the aforesaid terms.
Patna High Court CWJC No.2932 of 2021 dt.20-12-2021
Interlocutory Application(s), if any, sands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
