The application for electric connection could be entertained from the owner or occupier without conditioning it upon consent from the owner, especially in cases of estrangement, as long as the occupation is bona fide and legitimate.

1. Heard learned counsel for the petitioner and the State.

2. The petitioner has come to this Court for direction to Respondent-Electricity Board to give him domestic electric connection at his residence. The facts are not dispute. At Rajendra Nagar, there is a house which stands in the name of the mother of the petitioner. It is not a dispute that the petitioner is an occupant in the house along with other brothers. This house has a domestic electric connection that stands in the name of the mother of the petitioner. It appears that one of the son (brother of the petitioner) filed a Title Partition suit in which parents and other brothers were made parties. The properties in respect of which partition is sought for includes the present property. There is no dispute about the occupancy of the petitioner in the property. Recently, mother of the petitioner has made an application to the Electricity Board to disconnect the electric supply to the building that stands in her name ostensibly as she is not occupying the premises herself. The petitioner then made an application to the Bihar State Electricity Board for a fresh connection in his own name, but the same is not given on the ground that consent from the landlord is wanting which in the present case would be mother who is now on litigating terms with her sons.

3. In my view connection cannot be denied to the petitioner for the said premises. There is no dispute whatsoever, with regard to occupancy of the petitioner in the said premises. Even the mother has not objected to petitioners occupation of the premises. She has requested disconnection on the ground, primarily that she is not occupying the premises and would not undertake the liability to pay. This petitioner is legitimately in bona fide occupation of the premises.

4. In this connection, learned counsel for the petitioner has rightly relied on Regulation 15(3) of the Bihar Electricity Regulatory Commission (Standards of Performance of Distribution Licensee) Regulations, 2006 which is quoted hereunder :

"Where distribution mains have been laid down, the Licensee, shall, on an application by the owner or occupier of any premises, located in the area of supply, give supply of electricity to such premises, within one month after receipt of completed application and requisite charges."

and Regulation 4.13 of the Bihar Electricity Supply Code 2007. Section 43(1) of the Electricity Act, 2003 which is quoted hereunder;

"Save as otherwise provided in this Act, every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply"

If we read all the three statutory provisions as above referred, the application for electric connection could be entertained from owner or occupier but no where it states that this conditioned upon any consent from owner for the simple reason that owner and the occupier being estranged, the owner may refuse to give consent, thus, denying civic amenity to the occupier. This is of course subject to occupation being bona fide and legitimate.

5 In such situation, I have no option but to direct that petitioners application for domestic connection has to be immediately processed and granted without insisting on any no objection certificate from the owner.

6. In the peculiar facts of this case, I, therefore, direct accordingly.

7. With this direction, the writ application stands disposed of.