JUDGMENT

1. The present writ petition has been filed by the petitioner seeking the following reliefs:-

"i) For issuance of a writ of Mandamus directing the Respondents, particularly, the Respondents Nos. 2 to 6 to effect the (Mutation) substitution of the name of the petitioner in the records of the Respondent Nos. 2 to 6 from the name of the builder, i.e. Respondent No. 7, in terms of the provisions of the Bihar Apartment Ownership Act, 2006;

ii) For a direction to the Respondents to effect the substitution of the name of the petitioner Association as the Security Deposits belonging to the members of the Association is already lying with the Respondent South Bihar Power Distribution Company Limited;

iii) For a direction to the Respondents to reduce the load of the H.T. Electricity connection of the petitioner from 535 KVA to 350 KVA or nearby because of which the petitioner is liable to pay excess amount every month without any use of electricity;

iv) For a direction to refund the amount deposited by the Members of the Petitioner as Security for individual connection in their name in view of the fact that it is not required now".

2. The petitioner is stated to be a registered Association of Owners who had purchased space for office and shops in commercial building known as G.V. Mall situated at Boring Road, Patna. It is the case of the petitioner that the building in question has been constructed by one M/S. Premshree Bhartiya (JV), who had later on sold the office space and shop premises to the members of the petitioner. The petitioner has levelled various allegations against the promoters/ builder, however, the same is not relevant to be gone into in the present proceedings. The petitioner's Association is stated to have taken over the management of the multi storied complex for its maintenance etc. w.e.f. 1st April, 2018. The petitioner had then sought to substitute its name in the records of South Bihar Power Distribution Company Ltd. inasmuch as the electricity connection in question, having a contract demand of 535 KVA, was existing in the name of the partner of the aforesaid firm M/S Premshree Bhartiya (JV), namely Rajesh Kumar Sureka, respondent no. 9 herein, who had also issued a No Objection to the petitioner as far as substitution of the name in the records of the respondent company is concerned. The petitioner had cleared the outstanding electricity dues and had then written a letter dated 27.4.2018 to the respondent Electrical Executive Engineer, South Bihar Power Distribution Ltd. requesting for transfer of the electricity connection from the name of M/s Premshree Bhartiya Construction (JV) to the name of the petitioner Association. It appears that there have been various communications in-between the petitioner and the respondent Electrical Executive Engineer, Electric Supply Division, Patliputra, PESU (W), Patna, however, the petitioner has been informed by the respondent Company that change of name/ transfer of connection and mutation of name is only allowed after application for mutation is filed in the prescribed application form with application fee by the transferor or the legal heir, accompanied by identity proof and authorization in the name of the applicant who is filing the application form and the agreement supported by documentary evidence for transfer or legal heir along with proof of no arrears on the head of electricity charges of the concerned connection. In fact, the respondent Electrical Executive Engineer had also required the petitioner to deposit the security amount in the shape of a Bank draft in favour of South Bihar Power Distribution Company Ltd. whereafter the HT agreement was required to be executed. It appears that the petitioner had failed to comply with the formalities required to be entered into and, therefore, the change in the name/ transfer of the connection/ mutation has not been affected.

3. The learned Senior counsel appearing for the petitioner has submitted that there is no requi