PATNA, India, Feb. 12 -- Patna High Court issued the following judgment on Jan. 12:

1. This Letters Patent Appeal has been filed challenging the order dated 21.03.2025, passed by the learned Single Judge in CWJC No. 8919 of 2023.

The writ petition was filed by the present appellant seeking for following reliefs :-

"(i) For issuance of an appropriate writ/writs/order/orders/direction/directions commanding the respondents to direct the respondent authorities to connect the electric Supply of the petitioner bearing Consumer No-233303455907 forthwith which was illegally disconnected without any prior notice to the petitioner.

(ii) For issuance of an appropriate writ/writs/order/orders/direction/directions commanding the respondents to quash the illegal demand of Rs. 8,64,950/ in pursuance to illegal Bill for the month of August 2020 as well as notice dated 1/3/2023 in Certificate Case No-35 of 2023 issued by the Certificate Officer, Bhagalpur contained in Annexure-7 Series of the application.

(iii) For issuance of an appropriate writ/writs/order/orders/direction/directions commanding the respondents to quash the order dated 19/10/2022 passed by the Consumer Grievances Redressal Forum, Bhagalpur registered as Complaint case No-48/2022 contained in Annexure- 9 of the application.

iv) For issuance of any appropriate writ/writs/order/orders/direction/directions to which the petitioner is entitled in accordance with law."

2. The notices were issued to the respondent No. 2 South Bihar Power Distribution Company Limited and other respondents. The respondent No. 2 entered appearance and challenged the maintainability of the writ petition specifically stating that there was an earlier consumer whose name was Vibha Rani Sinha bearing connection No. 23330002512 in the very same premises where the petitioner had applied for a new connection and the said Vibha Rani Sinha had arrears to the tune of Rs. 6,89,836/- who is none else than the mother-in-law of the appellant. The appellant without disclosing that earlier connection was in the name of her mother-in-law applied for new connection and the connection was given and subsequently when it came to the notice of the authorities regarding the relationship between the appellant and Vibha Rani Sinha who has expired and that the appellant suppressed the material facts while submitting the application for a fresh connection, the outstanding dues which was in the name of late Vibha Rani Sinha was added to the bill of the appellant but since she did not pay the same, the disconnection was made.

3. The learned Single Judge, after going through the pleadings and hearing the learned counsels for the respective parties, has been pleased to hold as follows :-

"6. Admittedly, in this particular case fact that the earlier connection is standing in the name of Late Vibha Rani Sinha for the very same premises has not been denied by the petitioner. When queried by this Court with regard to the relationship between the petitioner and Late Vibha Rani Sinha, the petitioner initially tried to deny the relationship between Late Vibha Rani Sinha and herself however has accepted that Late Vibha Rani Sinha is her mother-in-law i.e., her husband's mother. Once it comes to the knowledge of the authorities that in respect of the very same premises, the earlier electricity connection is having dues, the subsequent consumer is liable to pay the same more so, when the petitoiner is claiming the subject property through the very same person. In this particular case, the petitioner when queried by this Court, has declined to answer as how she got the property and tried to evade the question but as culled out from the material available on record, it is evident that the petitioner is none other than the daughter-in-law of Late Vibha Rani Sinha and claiming the property through her only.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MyM2NDkjMjAyNSMxI04=-cv5PKp927FY=)

Disclaimer: Curated by HT Syndication.