Letters Patent Appeal No.76 OF 2001 ----------- Against the order dated 13.12.2000 passed in C.W.J.C. No. 10896 of 1999 ------------ THE BIHAR STATE ELECT.BOARD &A------------ (Appellant) Versus SUJIT RANJAN & ORS---------------------- (Respondents) --------- For the appellant :Mr. Vinay Kirti Singh, Advocate. For the respondents:M/s. Pushkar Narain Shahi, Narendra Kumar, Sandeep Kumar and Nishant Choudhary P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH THE HON’BLE MR. JUSTICE J.N. SINGH Barin Ghosh & J.N.Singh, JJ In the instant case, the writ petitioners sought supply of electricity from the appellant Board. The appellant Board contended that supply of electricity was made by it to a person occupying the premises and dues of the said occupant on account of such supply have not yet been recovered. Non-recovery of such dues was put forward as the plea to refuse to discharge statutory obligation of effecting supply of electricity to the petitioners. The writ petition having been allowed, the present appeal has been filed. During the pendency of appeal in compliance of the order of the court, supply has been accorded to the petitioners respondents. Learned counsel for the appellant submits that the Standing Order covering the field makes it clear that unless its dues are cleared, supply will not be accorded. It is a misconception that supply of electricity is accorded to a premises. Supply is accorded only to a person, but at such place as he desires. It is the statutory right of a person owning or occupying a land to - 2 - have electricity supplied to him at such land, which may be a premises. It is statutory obligation of the appellant to effect supply to a person. The Standing Order, in the back ground of such right, entails recovery from the consumer as a condition precedent for effecting supply to him in fulture. Taking of supply by another person at the same premises is no impediment on the part of the appellant to recover its dues from its consumer, who has been supplied, but who has not cleared his dues. In the circumstances there is no merit in the appeal .The same is dismissed. Patna High Court, The 8th July 2008./Rahman/ (Barin Ghosh, J) (J.N. Singh, J)