IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10933 of 2009 1. LACHHMAN SINGH, Son of Late Mulk Raj Singh, resident of Brahma Asthani Road, P.O, B.V.College, P.S. Shastri Nagar, District Patna. 2. Bibhuti Nandan Sahay, Son of Late R.N.Sahay, Brahma Asthani Road, Mohalla Sheikhpura, P.O. B.V. Collecte, P.S.Shastri Nagar, District Patna. 3. Peeyush Kumar, Son of Late R.N.Sahay, Brahma Asthani Road, Mohalla, Sheikhpura, P.O. B.V.College, P.S.Shastri Nagar, District Patna. 4. Ajay Kumar Verma, son of Shri Rama Shankar Prasad, resident of Mohalla Sheikhpur, P.O.B.V.College, P.S.Airport, District Patna. 5. Sangeeta Kumari, wife of Rajesh Kumar, resident of Mohalla Sheikhpura, Lane of Kumar Body Builders, P.O. B.V.College, P.S.Airport, District Panta. 6. Nikhil Sharma, son of Shri Ashok Kumar, resident of Ganga Vihar, R.P.S.More, P.O. Raghunath Path, P.S. Rupaspur, District Patna. 7. Prabha Sinha, Wife of Narendra Kumar Sinha, resident of Mohalla Sheikhpura, Narain Shree Apartment, Flat No.206, Block B-2, P.O.B.V. College, P.S. Shastri Nagar, District Patna. Versus 1. THE BIHAR STATE ELECTRICITY BOARD, Vidyut Bhawan, Bailey Road, Patna, through its Chairman officiating at Vidyut Bhawan, Bailey Road, Patna. 2. The General Manger cum Chief Engineer, Patna Electric Supply Undertaking, Mangles Road, Patna. 3. The Electrical Superintending Engineer, Patna, Electric Supply Undertaking(West), Patna. 4. The Electric Executive Engineer, Supply, New Capital Division, Patna Electric Supply Undertaking, Patna. 5. The Assistant Electrical Engineer, New Capital Division, Patna Electric Supply Undertaking, Patna. ----------- 2 31.08.2009 Heard counsel for the petitioners and counsel respondents. Petitioner wants a direction upon the respondents, Electricity Board to provide electric connection to the flats of Shyam Kunj 2 Apartment at Bramha Asthani Road, Sheikhpura under Sheikhpura P.S. Certain disputes have been going on between the respondents and the so called builder of the apartment based on what is known an inspection which was carried out and some illegality having been discovered, even an F.I.R. was lodged. As a condition precedent, the Managing Director, Construction Company has been directed to deposit the punitive bill which is under challenge in yet another writ application which is yet to be decided. Respondents are holding back electric connection to the flat owners on the ground that the dues must be sorted out. The stand of these petitioners is that an agreement has already been entered into between the builder and the flat owners that the liability for the past bills etc. shall be of the builder and to that extent the interest of the respondents, electricity Board is well directed. In the counter affidavit which has been filed on behalf of the respondents their stand has been indicated. They also state that there is no application on behalf of the petitioner 3 Nos.1 and 6 pending with the respondents. Though other applicant’s application is not denied to have been received. In view of the above stated position which has been noted by this Court, the direction is thereby issued upon the Assistant Electrical Engineer, New Capital Division, Patna Electric Supply Undertaking, Patna, respondent No.5 that on the formalities being completed by the applicants they be granted electric connection forthwith. The outstanding dues by the Construction Company will not be held out as a ground since the liability for the same has been accepted in terms of the arrangement and the agreement. If any of the petitioners are not applicants, they may make application as well which shall also be considered in its own right. This application stands disposed of with the direction that formalities must be completed within a period of two weeks. Bibhash (Ajay Kumar Tripathi, J.)