Vijay Kumar vs The South Bihar Power ...
2021 Latest Caselaw 1999 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.24251 of 2018
     ======================================================

Vijay Kumar, Son of Ramanand Saw, Resident of Mohalla- Sohdih, P.S.- Sohsarai, District- Nalanda

... ... Petitioner/s Versus

1. The South Bihar Power Distribution Company Ltd. Through Its Chairman Bihar

2. The Chief Engineer, South Bihar Power Distribution Company Ltd. Patna

3. The Executive Engineer, South Bihar Power Distribution Company Ltd., Biharsharif

4. The Assistant Engineer, South Bihar Power Distribution Company Ltd., Biharsharif

5. The Junior Engineer, South Bihar Power Distribution Company Ltd., Biharsharif

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lal Babu Keshari, Advocate For the Respondent/s : Mrs. Archana Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT

Date : 03-05-2021

Heard learned counsel for the petitioner and the

respondents.

The present writ application has been filed by the

petitioner for a direction to South Bihar Power Distribution

Company to grant electricity connection.

Learned counsel for the petitioner submits that the

petitioner has deposited the requisite fee and all relevant

documents, yet the respondents are sitting tight over the matter. Patna High Court CWJC No.24251 of 2018 dt.03-05-2021

Per contra, Mrs. Archana Sinha, learned counsel for

South Bihar Power Distribution Company submits that the

petitioner has not cleared the dues. He submits that as per report

of the junior engineer and also from perusal of the record it is

apperant that two cases were registered against the petitioner

under Section 135 of the Indian Electricity Act and a demand of

Rs.9,39,828 has been raised and only unless the petitioner clears

those dues, he is not entitled to fresh electricity connection.

Learned counsel for the petitioner submits that the

petitioner has deposited Rs.1,00,000/- (One lakh) and odd in first

case, whereas in second case the police after investigation has

submitted final form, but the South Bihar Power Distribution

Company is not appearing in the concerned court for settlement of

the dispute finally.

The issue for grant of fresh electricity connection pre-

supposes clearance of past dues and petitioner cannot claim as a

matter of right fresh electricity connection without clearing the

previous dues.

In the aforesaid circumstance, the writ application is

disposed of with a direction to the petitioner to approach the

competent authority of the South Bihar Power Distribution

Company and request for (a) settlement of dues by fixing Patna High Court CWJC No.24251 of 2018 dt.03-05-2021

instalments, (b) the petitioner may request the South Bihar Power

Distribution Company with reference to final form submitted by

the police, so far as second case is concerned. The competent

authority of South Bihar Power Distribution Company will

appropriately consider the claim of the petitioner and pass

appropriate order with regard to either fixation of instalments for

payment of previous dues or for grant of fresh electricity

connection subject to appropriate terms and conditions which the

South Bihar Power Distribution Company may determine in the

facts of the case.

Entire decision in this regard may be taken by the South

Bihar Power Distribution Company within a period of 60 days

from the date of submission of application along with a copy of

this order by the petitioner.

With the aforesaid, the writ application stands disposed

of.

(Anil Kumar Upadhyay, J) uday/-

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Uploading Date          04.05.2021
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