PANCHANAN SANDIBIGRAH Vs. GENERAL MANAGER NESCO

JUDGEMENT

(1.) Whether the licensee a justified in insisting upon payment of the arrear dues including that of seller of the premises, from the Petitioner as a condition precedent for providing new service connection to the premises is to be determined in this case.

(2.) The Petitioner purchased a peace of land along with the house standing thereon from one Smt. Saraswati Kar on 09.08.1994 by virtue of a registered sale deed. After taking over the possession the Petitioner stayed there & mutated the land in his favour. Record of rights has been issued in his favour. There was an existing electricity supply line to the premise of the Petitioner in the name of the previous owner but it is pleaded that there was no current to that line because the predecessor did not clear up the arrear electrical dues to the tune of Rs. 63,924. The Petitioner wanted electrical supply to the premise & hence he approached the Opp. Party No. 2 for fresh connection. The Opp. Party No. 2 suggested to take new connection. The Petitioner further pleads that the previous owner had deposited Rs. 8,000 in the name of the Petitioner as per receipt as at Annexure-3. After some months the Petitioner applied for new service connection to his plot. The Petitioner deposited the form along with necessary documents in order to take electricity to new plot. All on a sudden, the Opp. Parties sent a letter to the Petitioner requesting him to clear up dues of Rs. 63,924, which was in the name of the previous owner of the plot. His case is that the bill for consumption of electricity by an erstwhile consumer is not a charge on the premises which is purchased by him, bona fide. Therefore, the Petitioner seeks to quash Annexure-5 & also prays that the Opp. Party No. 2 be directed to give new service connection to him immediately.

(3.) The Opp. Parties 1 & 2 have filed their written counter, inter alia, alleging that since there is an alternative forum, the Petitioner should approach the grievance redressal forum & a Writ Petition is not maintainable. The Opp. Parties, further, pleaded that the premises in question stands on plot No. 1034/1594, Khata No. 393/138 measuring an area Ac. 0.044 decimals. The consumer No. JTT 757 at 3 KW load under domestic tariff was supplied/extended to one Smt. Saraswati Kar W/o D.N. Kar, i.e., previous owner of the premises, from whom the Petitioner has purchased the said premises on 0?V 08.2004 & availing power supply without any intimation to the Opp. Parties & or application for change of ownership as per the provisions of the Orissa Electricity Regulatory Commission, Distribution (Conditions of Supply) Code,-2004, (in short the 'Code'). The Opp. Parties further claimed that the outstanding energy dues of the premises in which the Petitioner resided prior to the purchase of the same on 09.08.2004 is Rs. 63,924, as calculated up to 06.08.2009.