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2002 DIGILAW 23 (JHR)

Lalan Kumar Singh v. J. S. E. B.

2002-01-08

SUDHANSU JYOTI MUKHOPADHAYA

body2002
ORDER S.J. Mukhopadhaya, J. 1. Counsel for the petitioners is permitted to correct the cause title of respondents in the index and synopsis. 2. The petitioners have preferred this application for direction on the respondents to grant electrical connection in their favour with further prayer to declare the note given by the respondent-J.E. on the requisition form is illegal. 3. According to petitioners, they entered into the agreement with the landlord, Shri Vikash Kumar Choudhary in respect to four respective shop/premises situated over plot No. 790-B, Ward No. 4, Khata No. 50-C. Mohalla- Piskamore, Hehal, Ranchi. They have applied for separate electrical connection in their respective shop/premises but the J.E. refused to grant such electrical connection on the ground that there was outstanding dues against one M.M. Industries to the tune of Rs. 1,11,485.17 p. which had the office on the same plot. 4. Mr. A.K. Mehta, counsel for the respondents submits that the higher authority will look into the matter, if the petitioner represents. 5. Now, it is a settled law that consumer cannot be asked to pay outstanding dues of erstwhile owner/occupant, if there is no direct relation between them and the subsequent claim is for fresh connection. 6. In the circumstances, the petitioners are given liberty to bring the fact to the notice of the Eleetrical Executive Engineer concerned, who will look into the matter, enquire and pass appropriate order within 15 days from the date of receipt of representation, as may be preferred by one or other petitioner. 7. If there appears to be no outstanding dues against one or other petitioner but from the erstwhile owner, the respondents will grant fresh electrical connection in favour of such petitioner immediately on receipt of requisition fee, forms and other documents. 8. However, this order will not stand in the way of respondents to recover the outstanding dues from the concerned person. 9. The writ petition stands disposed of, with the aforesaid observations.