Distribution authorities must consider compliant electricity-connection applications and decide them within one month.

The petitioners sought new electricity connections for premises situated in the Rajiv Nagar and Digha areas of Patna.

They alleged that their online applications were not accepted and that they were informed that electricity connections would not be granted to premises situated in the Rajiv Nagar area.

Relying on Clause 4.13(B) of Chapter 4 of the Bihar Electricity Supply Code, 2007, the petitioners contended that electricity connections could be granted even in respect of encroached Government, semi-Government, or public land, subject to submission of the prescribed documents and payment of requisite charges.

The respondents stated that, if the petitioners submitted online applications along with all requisite documents, the competent authorities would consider them in accordance with law within one month.

1. Whether the respondents could be directed to accept and consider the petitioners’ applications for new electricity connections in accordance with the Bihar Electricity Supply Code, 2007?

2. Whether the petitioners were entitled to an electricity connection despite the alleged location of their premises on encroached Government, semi-Government, or public land, subject to compliance with the prescribed requirements?

3. Whether the respondents were required to take an appropriate decision on the petitioners’ applications within a stipulated period?

Section 43 of the Electricity Act, 2003, as invoked in the petitioners’ reliefs, imposes a duty upon a distribution licensee to supply electricity to an owner or occupier of premises upon receipt of an application, subject to the statutory and regulatory requirements.

Clause 4.13(B) of Chapter 4 of the Bihar Electricity Supply Code, 2007, was relied upon as permitting consideration of applications even where the applicant could not produce conventional proof of ownership, including applications concerning encroached Government, semi-Government, or public land, provided the prescribed documents and requirements were furnished.

The petitioners also relied upon the Supreme Court’s decision in Sri Chandu Khamaru v. Smt. Nayan Malik & Others, Civil Appeal No. 7572 of 2011, concerning the statutory right to seek an electricity connection.

The High Court, however, ultimately directed only consideration of the applications in accordance with law and did not conclusively adjudicate the petitioners’ entitlement to connections.

The Court recorded the petitioners’ grievance that their online applications had not been accepted and that they had been denied connections solely because of the location of their premises.

Since the petitioners asserted their willingness to furnish all documents and pay the requisite charges under Clause 4.13(B), and the respondents agreed that compliant applications would be considered in accordance with law, the Court treated consideration of the applications—not automatic grant of electricity connections—as the appropriate relief.

Accordingly, the Court required the petitioners to submit online applications with all requisite documents and obliged Respondent Nos. 5 and 6 to examine and decide those applications within the prescribed period.

If such applications were filed, Respondent Nos. 5 and 6—the Executive Engineer and Assistant Electrical Engineer concerned—were directed to consider them and take an appropriate decision in accordance with law within one month from receipt of the applications.

The Court did not order the immediate grant of electricity connections; it directed lawful consideration of the applications.