AJAY KUMAR VERMA Vs. STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD Mr. Nawal Kishore Agrawal, learned counsel appearing in support of this writ petition and Mr. Binay Kirti Singh, learned counsel appearing for the Board.

(2.) THOUGH this matter has come up for admission for the first time and Mr. Singh has not got an opportunity to seek instructions in the matter, having regard to the nature of controversy I proceed to dispose of this case at this stage.

(3.) THE stand taken by the Asstt. Electrical Engineer is plainly contrary to the law laid down by the Supreme Court and this Court. The Board is entitled to recover its dues from the person(s) against whom the dues stand but the Board cannot refuse to give a fresh connection to a transferee of the premises unless it is shown by cogent materials that the transfer was not made at arms length but it was a fraudulent and collusive transaction intended to frustrate the dues standing against the property.