RAM CHANDRA PRASAD Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is. before this Court with a submission that he received 1/4th share in the premises in question vide memorandum of partition dated 15.2.1993 and thereafter applied for electric connection on 24.11.1995. According to him, the connection has been denied to him on the ground of arrears of electric dues against the erstwhile tenant who lived as tenant in 25% share of the petitioner's brother Suraj Prasad in the premises in question. According to the petitioner, if the tenant was occupying separate premises and his brother has been given a separate connection then the respondent Electricity Board is not entitled to refuse connection to the petitioner on the ground that the petitioner is required to submit a certificate under Section 53 of the Bihar Regional Development Authority Act, 1981 (in short 'the Act'). The petitioner submits that the tenant was not the petitioner's tenant but in fact was the tenant of his brother and the brother despite lapse of the tenant has already got the connection.

(3.) Learned counsel for the respondent submits that by order No. 189 dated 24.7.2002 passed in CWJC No. 2290 of 1990 Arun Kumar Mukherjee v. State of Bihar and others, a Division Bench of this Court has already observed that formality relating to supply of water and municipal amenities would also apply to supply of electricity and unless the relevant certificate in terms of Section 53 of the Act is submitted, no connection can be given.