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2016 DIGILAW 813 (JHR)

Jharkhand Urja Vikas Nigam Ltd. v. M. P. Mining and Energy Ltd.

2016-05-10

SHREE CHANDRASHEKHAR, VIRENDER SINGH

body2016
JUDGMENT : VIRENDER SINGH, J. 1. The instant issue relates to grant of electric connection for 1500 KVA which the respondent-writ petitioner (M/s M.P. Mining and Energy Ltd. Deoghar, hereinafter to be referred to as petitioner) needed for its Industry at Industrial Plot No. F-5, Industrial Area, Jasidih, District-Deoghar and when refused by the Jharkhand State Electricity Board, Deoghar, the petitioner approached the Writ Court through the medium of W.P. (C) No. 361 of 2014 in which the main reason for refusing the electric connection to the petitioner was insistence on Clause 5.5 of Jharkhand (Electricity Supply Code) Regulation, 2005. It was alleged that the petitioner who had applied for electric connection was related to the erstwhile owner and therefore, J.S.E.B. was within its right to refuse the new electric connection which aspect, on facts has been dealt with by the learned Writ Court and finding returned is against J.S.E.B. This is how J.S.E.B. has filed the instant Letters Patent Appeal before this Court in which delay of 50 days already stands condoned while allowing I.A. No. 1308 of 2008 vide separate order of even date. In fact, one M/s Industrial Traders had purchased the assets of M/s Macloid Steel Private Limited in the auction conducted by the Company Judge in Company Petition No. 14 of 1998 (P). The petitioner purchased the aforesaid industry thereafter from M/s Industrial Traders by sale agreement on 08.10.2013 and thereafter, the petitioner applied for electric connection and deposited required fee and other documents enumerated in the Regulation. 2. We have been informed that Certificate Proceedings have already been initiated against M/s Macloid Steel Private Limited vide Certificate Case No. 03 of 1992-93. Be that as it may, the said proceedings, in any case, shall be culminated in accordance with law and has no bearing so far as, electric connection to the petitioner is concerned. The learned Writ Court has considered all the aspects in detail and ultimately gave directions to J.S.E.B. to give electric connection to the petitioner within stipulated period of two weeks. What appears to the Court is that J.S.E.B. in refusing the connection to the petitioner wanted to resort to some pressure tactics so that the amount due to it is recovered in one way or the other. On specific query put to Mr. What appears to the Court is that J.S.E.B. in refusing the connection to the petitioner wanted to resort to some pressure tactics so that the amount due to it is recovered in one way or the other. On specific query put to Mr. Kumar, appearing for J.S.E.B., whether electric connection has been given to the petitioner as directed by the Writ Court, he states at the bar that he is not aware of the said fact. Be that as it may, if the electric connection is not given till date, it shall be now given forthwith, that too, within a week positively. 3. The net result is that the instant appeal on hand stands dismissed. Appeal dismissed.