ORDER : 1. Heard learned counsel for the petitioner and Respondent-Corporation. 2. Petitioner is the applicant for fresh electricity connection in respect of the premises being Factory Land & Building at Village-Tirila, Ormanjhi Block, Ranchi-Ramgarh Highway Road, Dist-Ranchi, Plot no.6, 7, 8, 9, 10, 12 & 13, Khata no. 11, Thana no. 51, P.S.-Ormanjhi admeasuring area 3.24 Acre bounded by-North-Vacant Land after Road, South–Vacant Land, East-12 ft wide Road (part of this Land), West-Vacant Land, which was purchased in auction sale of mortgaged asset of the erstwhile owner M/s. Jharkhand Milk Pvt. Ltd. in SARFAESI proceedings by the Bank of Baroda, Ratu Road Branch as per sale certificate, Annexure1 of Chief Manager & Authorized Officer, Bank of Baroda. An application for fresh electrical connection has in more or less equivocal language been denied vide letter no. 2040 dated 16th July, 2016 to the petitioner on the ground of outstanding dues of Rs. 7, 37,795.00 against the erstwhile consumer in relation to which a Certificate Case no. 01/201617 is also pending, by respondent no. 4, Electrical Superintending Engineer, Electric Supply Circle, Ranchi relying upon Clause 5.3.3 of Jharkhand State Electricity Regulatory Commission Supply Code Regulation, 2015, which reads as under : "Where the applicant has purchased an existing property whose electricity connection has been disconnected, it shall be the applicant's duty to verify that the previous owner has paid all dues to the Distribution Licensee and obtained a "No Dues Certificate" from him. In case such 'No Dues Certificate" has not been obtained by the previous owner before change in ownership of property, the new owner may approach the Distribution Licensee for such a certificate. The Distribution Licensee shall acknowledge receipt of such request and shall either intimate in writing the dues outstanding on the premises, if any, or issue a "No dues Certificate' within 1 month from the date of receipt of such application. In case the Distribution Licensee does not intimate the outstanding dues or issue a 'No Dues Certificate' within this time, new connection to the premises shall not be denied on grounds of outstanding dues of the previous consumer. In such an event, the Distribution Licensee shall have to recover his dues from previous consumer as per provisions of law." 3. This has also been defended by Respondent-Corporation in their counter affidavit stating that subsequent purchaser is liable to pay the outstanding dues. 4. In such an event, the Distribution Licensee shall have to recover his dues from previous consumer as per provisions of law." 3. This has also been defended by Respondent-Corporation in their counter affidavit stating that subsequent purchaser is liable to pay the outstanding dues. 4. Reliance has been placed upon the provisions of Clause 6.10(a) of the Regulation, 2015 dated 7th September, 2015 by learned counsel for the petitioner, which are also quoted hereunder: "6.10 (a) During the inspection, the Distribution Licensee shall: (a) verify that there is no outstanding due in the applicant's name or for the premise for which the new connection is being applied for. If the applicant, in respect of an earlier agreement executed in his name or in the name of a firm or company with which he was associated either as a partner, director or managing direction, has any arrears of electricity dues or other dues for the premises whether the new connection is applied for and such dues are payable to the licensee, the requisition for supply may not be entertained by the licensee until the dues are paid in full. But if the erstwhile consumer defaulted payment of dues and left the premises for good and the concerned premises has come in legal possession of a new occupant through transfer or a decree/order of the court/authority and who has no nexus with the previous owner/occupant in any manner, applies for connection of the electrical line in the same disconnected premises, the distribution licensee shall provide electrical connection without realization of the arrear/dues of the premises and he shall not be held liable to pay/discharge the liability of the previous consumer for securing a fresh connection. 5. Counsel for the petitioner has also placed reliance upon a judgment rendered by the Apex Court in the case of Isha Marbles vs. Bihar State Electricity Board & Ors. reported in (1995) 2 SCC 648 and other judgments rendered thereafter reiterating the same such as reported in (2012) 13 SCC 479 in the case of Special Officer, Commerce North Eastern Electricity Supply Company of Orissa (NESCO) and another Vs. Raghunath Paper Mills Private Limited and another. 6. reported in (1995) 2 SCC 648 and other judgments rendered thereafter reiterating the same such as reported in (2012) 13 SCC 479 in the case of Special Officer, Commerce North Eastern Electricity Supply Company of Orissa (NESCO) and another Vs. Raghunath Paper Mills Private Limited and another. 6. Counsel for the petitioner submits on the basis of pleadings on record noticed hereinabove that application for fresh electricity connection cannot be denied to auction purchaser like him in teeth of the provisions of Clause 6.10(a) of Regulation of 2015. 7. Counsel for the respondents have defended the impugned action, but the counter affidavit has failed to address the question on the lines of the provisions of Clause 6.10(a) of Regulation of 2015. 8. In the aforesaid factual matrix of the case, it appears that there is absence of application of mind on behalf of competent authority/respondent no. 4 on the application of the petitioner for grant of fresh electricity connection in the light of the provisions of Clause 6.10(a) of 2015 Regulations and Section 43 of Electricity Act, 2003. Counsel for the petitioner has also relied upon a judgment rendered in W. P. (C) No. 5964 of 2015 dated 23rd June, 2016 where under parimateria provisions of Clause 5.5 of (Electricity Supply Code) Regulations, 2005 were applicable. 9. Counsel for the petitioner submits that petitioner is willing to deposit the amount shown in Annexure4 order dated 16th July, 2016 Rs. 7,37,795.00 under protest for the purposes of grant of fresh electrical connection pending consideration on the issue remanded by this Court by respondent no. 4. 10. Having regard to the aforesaid facts and position in law i.e., the provision of Regulation, 2015 Clause 6.10(a), the writ petition is being disposed of with a direction to respondent no. 4, Electrical Superintending Engineer, Electric Supply Circle, Ranchi to take a fresh decision in the matter in accordance with law within a period of 4 weeks from the date of receipt of a copy of this order on the application for electricity connection to the premises of the petitioner in question. However, respondent no. 4 would consider the issue of grant of fresh electrical connection to the petitioner without any delay, if the petitioner deposits the aforesaid amount of Rs. However, respondent no. 4 would consider the issue of grant of fresh electrical connection to the petitioner without any delay, if the petitioner deposits the aforesaid amount of Rs. 7,37,795.00 indicated in the impugned order dated 16th July, 2016 (Annexure4) forthwith, which however would be subject to outcome of the determination by respondent no. 4 on his application in terms of the relevant provisions of Jharkhand State Electricity Regulatory Commission Supply Code Regulation, 2015 and the Electricity Act, 2003. 11. Accordingly, the writ petition is disposed of. 12. The impugned communication at Annexure4 shall not come into the way of respondent no. 4 in taking a fresh decision in the matter.