WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Vs. TRANSMISSION & DISTRIBUTION (INDIA) LIMITED

JUDGEMENT

(1.) By this intra-court appeal, West Bengal State Electricity Distribution Company and its authorities (respondents in the writ petition) have challenged the order of the learned Single Judge dated 7th of June, 2022 allowing W.P.A. No. 7716 of 2013 and directing the appellants to give a new electricity connection to the writ petitioner (sole respondent in this appeal) without insisting upon payment by the writ petitioner of outstanding dues, if any, of the previous owner, subject to compliance of all other formalities in accordance with law. The petitioner had filed the writ petition with the plea that they had purchased the land in question on 26th of April, 2010 through four deeds of conveyance from one Biswanath Beriwal and they were delivered the possession of the land simultaneously. There was no electricity connection at the purchased premises, therefore, writ petitioner had applied to the appellant for new connection at its premises on 23rd of February, 2012 by depositing the requisite earnest money. The application remained pending though all the requisite formalities were completed and finally vide letter dated 9th of January, 2013, appellant had declined to give supply of electricity to the premises of the petitioner on the plea of submission of the purported 'payment clearance' with respect to the previous connection of one 'M/s. CD Steelco'. Vide subsequent communication dated 8th of February, 2013, certain amount was expressly demanded by the appellants on account of OSD and other charges on the alleged account of the said M/s. CD Steelco. Being aggrieved with the same, writ petition was filed by the petitioner challenging the notices dated 9th of January, 2013 and 8th of February, 2013 and further seeking a direction to the appellants to allow the application for new connection and give supply of electricity to the premises of the petitioner.

(2.) Learned Single Judge by the impugned order has allowed the petition finding that there was no nexus between the writ petitioner and the erstwhile consumer and thereby directing the appellants to give new electricity connection.

(3.) Submission of learned counsel for the appellants is that learned Single Judge has committed an error in holding that there was no nexus between the writ petitioner and the erstwhile purchaser. In support of his submission, he has referred to the sale deeds which were executed by the erstwhile co-owners in favour of the writ petitioner. He submits that the condition of nexus as provided in Regulation 13.9 is satisfied in this case, therefore, the order of the learned Single Judge cannot be sustained. He has also submitted that joinder of the erstwhile owner M/s. CD Steelco was necessary. In support of his submission, he has placed reliance upon the judgments of the Hon'ble Supreme Court in the matter of Isha Marbles vs. Bihar State Electricity Board and Another reported in (1995) 2 SCC 648 and in the matter of Paschimanchal Vidyut Vitran Nigam Limited and Others vs. DVS Steels and Alloys Private Limited and Others reported in (2010) 1 SCC 210.