NAJEEB ZAMAN Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) In this application the petitioner has prayed for a direction upon the respondents to grant electrical connection to him. and for issuance of an appropriate writ for quashing the directions of the Electrical Executive Engineer vide memo No. 944, dated 21-6-1993 as contained in Annexure 7 to the writ application.

(2.) The fact of the matter lies in a very narrow compass.

(3.) Mohd, Qaiser Zaraan, brother of the petitioner had applied before respondent No. 1 for grant of electrical connection and pursuant thereto an agreement dated 2-11-1978 was entered into by and between respondent No. 1 and the said applicant. Initially, a connected load of 35 H. P. was granted which was lateron increased to 97 H. P, Another agreement was catered into on or about 9-3-1992 whereby respondent No. 1 was agreed to supply to Qaiser Zaman for running an Ice Plant with a connected load of 8 H. P. According to the petitioner the said connections were taken by his brother in his individual capacity. On or about 9-9-1979 the petitioner along with his other brothers and father constituted a partnership- firm for running a business of Clod Storage. According to the petitioner all along the aforementioned Qaiser Zaman continued to treat the said electrical connection as his own Allegedly, serious disputes and differences arose between the partners of the said firm. The petitioner filed a Title Suit No. 47 of 1991 in the Court of Sub-Judge I, Ranchi for dissolution of the firm and for rendition of the account. According to the petitioner the said Qaiser Zaman filed two applications dated 22-2-1993 surrendering his electrical connections bearing consumer Nos. M-1324 and M-1378. He, however, gave an undertaking to pay the dues which may be found payable as also other legal charges to the respondent Board. Pursuant to the said applications, the electrical connection was disconnected on 2-3-1993. According to the petitioner the aforementioned steps have been taken by Qaisor Zaman in a vindictive manner in order to put the petitioner' to loss. The petitioner filed a writ petition in this Court being CWJC No. 923 of 1993 praying for a direction upon the respondents to reconnect the aforementioned two electrical connections. The said Qaiser Zamac who was respondent No. 4 in the said petition filed a counter affidavit oppnosing the prayer of the petitioner in his application has quoted paragraphs 8, 15 and 16 from his counter affidavit. The petitioner thereafter tiled an application for fresh electrical connection in the name of Gulmare Refrigeration on 29-3-1993, A reminder was also sent by the petitioner on 9-4-1993. By a letter dated 15-4-1993, the Electrical Executive Engineer however, put unreasonable pre-conditions for grant of electrical connection in his favour. The petitioner thereafter filed a writ application before this Court being CWJC No. 1513 of 1993 (R). In the said writ application also Mohd. Qaiser Zaman raised objection. According to the petitioner although the said objection was totally unfounded but in order to obviate hurdles the petitioner made an application for a new electrical connection in his own name as a result whereof the aforementioned CWJC No. 1513 of 1993 (R) was disposed of by this Court by an order dated 20-5-1993 as contained in Annexure-5 to the writ application whereby the concerned authorities were directed to consider the application of the petitioner and pass orders within three weeks. On 26-5-1993, an application was filed by respondent No, 4 requesting him to grant a fresh connection, a copy whereof is contained in Annexure-6 to the writ application. The petitioner by a letter dated 31-5-1993 also requested the General Manager-cum-Chief Engineer, Area Electricity Board to look into the matter as the matter was unnecessarily lingering. However, by a letter dated 21-6-1993, as contained in Annexure-7 to the writ application the Electrical Executive Engineer put the following five pre-conditions for grant of fresh connection: