MANOJ KUMAR LUNDIA Vs. ASSAM STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard Mr. S. K. Kejriwal, learned counsel for the petitioner. Also heard Mr. D. Bhattacharjee, learned Standing Counsel, Assam State Electricity Board (ASEB).

(2.) Case of the petitioner is that he is the proprietor of M/s Indomech Engineers, an industrial unit set up for the purpose of assembling Diesel Gensets under an agreement with M/S Greaves Limited. The industrial unit of the petitioner is situated at Rani Industrial Area. The shed for carrying out the industrial activities belongs to the Assam Industrial Infrastructure Development Corporation (hereinafter referred to as "the Corporation"), which was allotted to the petitioner. As electricity was required to operate the industrial unit, the petitioner approached the Respondent No. 3 for providing electricity connection to his industrial unit.

(3.) A. S. E. B. had framed the Terms and Conditions of Supply, 1998 in exercise of power conferred under Section 49 of the Electricity Supply Act, 1948. Clause 3 (B)(iii) provided that any person desiring to have electricity to a premise in respect of which a power supply agreement was terminated due to default in payment of electricity dues, shall be treated as a fresh consumer and that the ASEB reserved the right to collect the outstanding arrears from the person before connection was given.