IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3330 of 2010 1. SRI KRISHNA THAKUR S/O LATE BUDHAI THAKUR R/O VILL.- JAGTAULI, P.S.- BHOREY, DISTT.- GOPALGANJ Versus 1. THE STATE OF BIHAR 2. THE BIHAR STATE ELECTRICITY BOARD, PATNA THROUGH ITS SECRETARY (RURAL ELECTRIFICATION DEPARTMENT), PATNA 3. BIHAR STATE ELECTRICITY BOARD BHOREY, GOPALGANJ DIVISION, SAKTAULI 4. CHIEF ENGINEER BIHAR STATE ELECTRICITY BOARD(RURAL ELECTRIFICATION DEPARTMENT, PATNA) 5. EXECUTIVE ENGINEER, B.S.E.B. GOPALGANJ ----------- 02. 19.05.2011 Heard learned counsel for the petitioner, the State and for the Board. The petitioner seeks provision of electricity connection to the Village Jagtauli Panchayat, District- Gopalganj for which the Panchayat is stated to have filed application in the year 2003. It claims that work commenced by installation of electric poles in 2005-06, but matter are at stalemate since then. To this Court, the very institution of the writ application is enough evidence of the consciousness of a citizen of their basic rights displayed by the residents of the village. Their desire to have a better future for themselves and the next generation. Article 38 of the Constitution imposes an obligation on the State to bring about a social order where social and economic justice is ensured to the people. There can be no two opinions that provision of electricity is nothing but visualising a social order 2 facilitating social and economic justice with the changes that it shall bring along consequently. In equality of income, status and facilities as also opportunities shall naturally be removed and which is the bounden duty of the State under the same provision. Article 39 provides the duty of the State to provide adequate means of livelihood. There can be no two opinions that provision of electricity shall provide means of livelihood. The same provision requires the material resources of the community to be distributed as best to subserve common good. There can be no doubt that electricity constitutes material resource of the community. The requirement to promote health of the citizens makes it the bounden duty of the State to provide electricity. These are some, not all, of the constitutional obligations of the State without the citizen being required to have to ask for it. Electricity is today a basic human requirement which the Court would not like to simply classify as a fundamental right under Article 21. The right now inheres in all human beings. The writ application is disposed with directions to the State Government and the Board to ensure that electricity is made available to the village within a maximum period of four months from the date of receipt/production of a 3 copy of this order before the Secretary of the Board. Needless to observe that the continuation thereafter of the benefit shall naturally remain dependent on the sense of duty of the petitioners as distinct from their rights. The application stands disposed. P.K. (Navin Sinha, J.)