Vikash Lohar v. Ajmer Vidhyut Vitran Nigam Limited
2025-03-17
MUNNURI LAXMAN
body2025
DigiLaw.ai
Order : 1. The present writ petition has been filed challenging the order dated 31.03.2023 (Annex.P/8) passed by the respondents whereunder the request for grant of electricity service connection was rejected on the ground that the previous owner Smt. Badami Bai wife of Gopal Prajapat fell in arrears. 2. The grievance of the petitioner is that the petitioner had purchased the house property from Smt. Badami Bai under registered sale-deed. After such a purchase, the mother of the petitioner had filed an application for grant of electricity connection in the aforesaid house property. When such a request was made, the respondents have issued a demand notice asking the applicant to make a payment of Rs. 1,89,753/- so as to grant fresh electricity connection. 3. The contention of the learned counsel for the petitioner is that when the petitioner had purchased the aforesaid house property, there was no outstanding amount in the name of previous owner - Smt. Badami Bai. 4. However, learned counsel representing the respondents submits that there are old dues in the name of Smt. Badami Bai in respect of previous electricity connection and as such without clearing the old due arrears, no fresh electricity connection could be granted in the name of the petitioner. 5. Learned counsel for the respondents has placed reliance on the decision of Supreme Court in the case of K.C. Ninan Vs. Kerala State Electricity Board & Ors. : (2023) 9 SCR 637 and submits that as per the decision of Supreme Court in the aforementioned case, the subsequent purchaser is required to pay the arrears, if any due is outstanding in the name of previous owner. 6. In light of the clear-cut law laid down by the Supreme Court, this Court cannot give any direction to the respondents to grant any fresh electricity connection in absence of clearance of outstanding amount of Rs. 189753/- due in the name of previous owner. Further, this Court cannot decide the disputed question of fact whether any arrears fell in the account of previous owner or not. 7. In such circumstances, the present writ petition is devoid of any merit and the same is hereby dismissed. 8.
189753/- due in the name of previous owner. Further, this Court cannot decide the disputed question of fact whether any arrears fell in the account of previous owner or not. 7. In such circumstances, the present writ petition is devoid of any merit and the same is hereby dismissed. 8. However, it is open to the petitioner that if he is willing to clear the arrears due in the name of the previous owner, in that event, the respondents are directed to give/grant fresh electricity connection in the name of the petitioner.