LAKSHMAN KUMAR LENKA Vs. CENTRAL ELECTRICITY SUPPLY COMPANY

JUDGEMENT

(1.) This writ petition relates to supply of electricity to a residential building numbered as Holding No. 729(C) in Ward No. 35 situated at Chauliaganj in Cuttack town. The said property was earlier in the name of the mother of tha petitioner. Electricity to the said building was supplied to the consumer bearing registration No. 02252995, which was in the name of the elder brother of the petitioner Keshab Chandra Lenka. After the death of the mother of the petitioner, the properties of the family were partitioned between the petitioner and his two brothers, namely, Keshab Chandra Lenka and Rama Chandra Lenka. The residential building numbered as Holding No. 729{C), Ward No. 35 at Chauliaganj, fell to share of the petitioner and the petitioner applied for electricity connection to the CESCO. But since an amount of Rs. 21,209.51 p. was due and payable to the CESCO by the elder brother of the petitioner, namely, Keshab Chandra Lenka, CESCO has refused to supply electricity to the petitioner until the said amount of Rs. 21.209.51 p. is paid. Aggrieved, the petitioner has filed this writ petition under Article 226 of the Constitution for appropriate relief.

(2.) Mr. Mohapatra, learned counsel for the petitioner submitted that the petitioner was not a consumer in respect of Consumer No. 02252995 for which the arrear bill of Rs. 21,209.51 p. was due and payable. Therefore, the petitioner is not liable for the same. He argued that CESCO cannot deny power supply to the petitioner on the ground that the said amount of Rs. 21,209.51 p. has not been paid as yet.

(3.) Mr. Ray, learned counsel appearing for the opposite parties, on the other hand, submitted relying on the averments made in the counter affidavit filed by the opposite parties that by partition between the three brothers, not only the properties of family but also the liabilities of the family have been apportioned between the brothers, but so far as the liability of Rs. 21,209.51 p. in respect of supply of electricity to the aforesaid building under consumer No. 02252995 is concerned, no apportionment has been made between the brothers. He submitted that the CESCO authorities are, therefore, entitled to recover the entire arrear amount of Rs. 21,209.51 p. from the petitioner as the petitioner before supplying electricity on the application of the petitioner for such supply. He referred to the circular dated 23-8-2003 of the Chief Executive Officer, CESCO to the all A. G. Ms./Managers (In charge of Distribution Division) in Annexure- B to the counter affidavit in which it is stated that in various plots there are arrears and power supply has been disconnected and again another fresh connection has been given in another name and this may be reviewed and in one plot only one domestic connection and one commercial connection can be given.