RASHA SHRAM PHARMA LABORATORY Vs. G E B

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed to quash and set aside the impugned order dated 12. 06. 2001 passed by respondent no. 2, whereby the respondent no. 2 had refused to grant the electricity connection to the industrial concern of the petitioner.

(2.) THE short facts of the case are that the petitioner is a registered partnership firm having its office at Mahadev Vadi, Gondal. The petitioner is one of the partners of M/s. Rasha Shram Pharma Laboratory, who is running pharmaceuticals concern and manufacturing different kinds of medicines. On 27. 03. 2001, the petitioner had applied for grant of electricity connection to the concerned authority, for new industrial unit of 20 HP. On 12. 06. 2001, the petitioner received a communication from respondent no. 2 refusing to give electricity connection on the ground that dues of Rs. 1,32,853. 80 are outstanding from earlier occupant viz. M/s. Rubi Bearing Pvt. Ltd. Hence, this petition.

(3.) HEARD learned counsel for the parties. The learned counsel for the petitioner states that pursuant to the order dated 22. 10. 2002 passed in Misc. Civil Application No. 1504 of 2002, the petitioner has paid the outstanding amount of Rs. 1,32,853/ -. At this stage, it would be relevant to refer to the provisions relating to powers u/s. 49 of the Electricity (Supply) Act, 1948, wherein the Board has incorporated a new condition 2 (j) in its "conditions of Supply" which read as under :-