JAISUKHLAL N BHUTA Vs. MAHAASHTRA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The respondents refusal of new electricity to the petitioners' premises has resulted in the present Writ Petition.

(2.) The petitioners are the Trustees of Bombay Gow Rakshak Trust (for short "trust") , a Public Trust registered under the Bombay Public Trusts Act, 1950. The Trust, after an order of sanction dated 20th November, 2003, passed in miscellaneous Application No. 361 of 2003 by the Special Court, became the owner of the property in question being the highest auction purchaser in the sale proceedings. The Trust has deposited with the Court Receiver, High Court, bombay, total amount of Rs. 4,25,00,000/- i. e. an entire purchase price. On 3rd december, 2003, the Court Receiver, handed over the vacant and peaceful possession of the property to the Trust. The Trust paid all the taxes, cess and other society charges as per the sale confirmation terms.

(3.) The petitioners-Trust found that the electricity supply to the said property had been disconnected by respondents No. 2 and 3 for the reasons of non payment of electricity charges aggregating to a sum of Rs. 1,08,99,870/- in respect of two electricity connections of the previous owner M/s Kailash Milk products Limited. The respondents, in spite of repeated requests and applications, by a letter dated 3rd February, 2004, addressed to the Court Receiver and communicated that "as per the M. S. E. B. Rules, unless the arrears are paid, the reconnection cannot be made". By the said communication, it was requested to transfer the amount from the Court Receiver against the arrears so as to enable the respondents to reconnect the electricity supply. The petitioners, therefore, by their Advocate's Notice dated 12th February, 2004, expressed their surprise for such refusal to grant fresh electricity connection. A reference was made to the judgment of the Supreme Court in Isha Marbles vs. Bihar State Electricity Board and anr. , (1995) 2 SCC 648. As the respondents paid no heed to the said requests for the re-connection, the petitioners have invoked Article 226 of the Constitution of India by the present Writ Petition.