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2022 Supreme(Pat) 47

CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Anuradha Kumari, W/o Rajesh Kumar – Appellant
Versus
State of Bihar through the Principal Secretary Department of Energy, Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Ranjan Kumar Dubey, Advocate
For the Respondent:Mr Kinkar Kumar, Mr Vinay Kirti Singh, Senior Advocate

JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

The dispute in this writ application filed under Article 226 of the Constitution of India relates to denial by the North Bihar Power Distribution Company Limited (‘NBPDCL’ for short) to give fresh electricity connection in favour of the petitioner in the house situate over holding No. 336/359, Khata No. 433, Plot No. 473, Ward No. 27, Majhaulia Chak Abdul Wahid, Muzaffarpur.

2. Admittedly, the house was in the name of one Sita Devi, in whose name there was an existing electricity connection. Said Sita Devi is no more. It is not in dispute that respondent No. 7 is the daughter of late Sita Devi.

3. It is the petitioner's case that she is the occupier of the said premises under a registered sale deed executed by late Sita Devi, nearly one and half months before her demise. In a judgment rendered on 23.11.2019, by the learned Sub Judge-XIV, Muzaffarpur, in Title Suit No. 371 of 2011 (Poonam Prakash Vs. Anuradha Kumari and Ors.), the sale deed said to have been executed by late Sita Devi in the favour of the petitioner, has been declared to be fraudulent and accordingly, the same has been set aside. A copy of the judgment in Title Suit No. 371 of 201

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