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Jharkhand High Court · body

2003 DIGILAW 182 (JHR)

Kamal Prasad More v. Jharkhand State Electricity Board

2003-02-07

M.Y.EQBAL

body2003
ORDER M.Y. Eqbal, J. 1. Heard the counsel for the parties. 2. In this writ application the petitioner has challenged the decision of the respondent-Electricity Board refusing to grant fresh electrical connection in the premises of the petitioner. 3. The petitioner purchased a house from Sri Narayan Himatsingka by a registered sale dated 5.12.2001. After purchase the petitioner got his name mutated and has been paying rent to the State of Bihar. The petitioner applied for new electric connection in the premises on 8.12.2001 but the Board refused to give new connection on the ground that some electric charges . are due against the erstwhile owner. 4. In the counter affidavit filed by the respondent-Board it is stated that according to the records of the Board a sum of Rs. 1,72,515.82 paise is due against the erstwhile owner and there is clear instruction and Govt. circular that a fresh connection cannot be given in such premises. 5. Neither the Govt. circular has been annexed nor satisfactory statements have been made in the counter affidavit to show that the Board is entitled to refuse electrical connection in the premises purchased by the petitioner. Even the period for which the aforesaid amount became due, has not been mentioned in the counter affidavit. Even If there be any such circular, that shall be in the teeth of the decision of the Supreme Court in Usha Marble case, 1998(2) SCC 648. It would be highly improper that a new electrical connection is refused to a person who is a bona fide purchaser of the premises. As a matter of fact, the officers of the Board, in order to save their skin, have put such condition. It is high time that the Board should take action against those officers for whose negligence the dues are not realized and recovered from the person who actually consumed electricity. A person who is a bona fide pur- chaser of a premises cannot, in any circumstance, be held responsible for payment of the electricity dues consumed by a different person. 6. For the aforesaid reason this writ application is allowed and the respondents are directed to immediately and forthwith give fresh electrical connection in the premises of the petitioner, if the other requirements of law are fulfilled.