SUNIL KUMAR SHARMA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) ONE Sunil Kumar Sharma, Managing Partner of M/s Ganpati Food Products Industry made an application to the respondent State Electricity Board for grant of electricity connection for commercial purpose. The application was turned down by the Additional Assistant Electricity Engineer, Deedarganj vide his letter no.108 dated 6.7.2004 (Annexure -3) observing that in the very same premises two connections were issued in favour of one Prithviraj Agrawal, Sabalpur and as dues amounting to Rs.2,18,015/ - and Rs.16,068/ - have not been paid by said Prithviraj Agrawal, in accordance with the instructions and policy of the Board a fresh connection cannot be given in the same premises because the premises are under dues. The petitioner challenging Annexure -3 submits that the premises in fact belonged to one Ramesh Singh who had earlier let out the same to one Prithviraj Agrawal and since after vacation of the premises by the said Prithviraj Agrawal the petitioner and his partners have entered into an agreement with the said landlord on 16.4.2004 therefore, the dues standing against the erstwhile tenant cannot be deemed to be dues on the premises and the State Electricity Board is not justified in refusing the connection.