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2025 Supreme(Online)(Pat) 2612

PATNA HIGH COURT
ANIL KUMAR SINHA, J
Sai Vandana Associates – Appellant
Versus
The South Bihar Power Distribution Company Limited – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Suraj Samdarshi, Advocate, Mr. Abhilasha Jha, Advocate, Mr. Avinash Shekhar, Advocate, Mr. Vijay Shanker Tiwari, Advocate, Ms. Simran Kumari, Advocate
For Power Company:Mr. Anand Kr. Ojha, Sr. Advocate, Mr. Abhishek Raj, Advocate
For the Respondent/s:Mr. Vivek Prasad, Advocate, Ms. Riya Giri, Advocate

Table of Content
1. liability for payment of dues under tenancy agreements. (Para 12 , 15 , 16)
2. obligation of licensee to provide a connection despite dues. (Para 14)
3. details of dues payable and agreement conditions. (Para 18 , 19)

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

6 16-12-2025 Heard learned counsel for the parties concerned.

2. The petitioner is a partnership, firm which has filed the present writ application for a direction to the respondents, South Bihar Power Distribution Company Limited (in short ‘SBPDCL’) to grant fresh electric connection to the petitioner under Section 43 of the Electricity Act, 2003 , read with Clause 4.1 of the Bihar Electricity Supply Code 2007 amended as on 19.05.2015.

3. The brief facts giving rise to the present writ application is that on 18.09.2023, the BISCOMAUN came out with advertisement to lease out building and structure on a long term lease basis. The building and structure was decided to give on lease to the petitioner vide resolution of allotment taken by BISCOMAUN on 05.07.2023 having broader terms and conditions of allotment dated 05.07.2023.

4. Mr. Suraj Samdarshi, learned counsel for the petitioner referring to the

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