RAHMATH BANU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this Writ Petition, the petitioner is seeking a Writ of Mandamus declaring the action of respondent No.3 in rejecting the release of new service connection to the petitioner against the Registration No.NR90423819507, dtd. 7/2/2023 as illegal, arbitrary and in violation of the provisions of the Electricity Act, 2003 and consequently to direct the respondents to set aside the rejection order and release new service connection of 1000 Watts applied vide Registration No. NR90423819507, dtd. 7/2/2023 and to pass such other order or orders in the circumstances of the case.

(2.) Brief facts leading to the filing of the present Writ Petition are that the petitioner claims to have purchased 131 Square Yards of land situated at Municipal No.19/2/213/13/A, Chandulal Baradari, Hyderabad from Mrs. Mohammedi Begum, W/o Mohd. Qadeer Ahmed vide Registered Sale Deed bearing No.145/2023, executed on 13/1/2023 at the Sub-Registrar Office, Dhood Bowli, Hyderabad. Thereafter, the Petitioner had made an application for providing electricity connection vide Registration No. NR90423819507 on 7/2/2023. However, the same was rejected on the ground that the dues of the previous owner are not paid and therefore, new service connection cannot be given unless dues to an extent of Rs.23,00,000.00 are paid which are pending in respect of seven (7) individual OSL services in the said premises. Challenging the same, the present Writ Petition is filed.

(3.) Learned Counsel for the petitioner submits that the petitioner is a bonafide purchaser who has paid the sale consideration for the property and that she has conducted due diligence before the purchase of the property. He submits that the respondents have not raised any bills for electricity connection against the previous owner and therefore, the respondents cannot now insist or require the petitioner to make payment of the consumption charges of the previous owner. He further submits that, since the respondents have not raised the bill, they are not entitled to recover the same from the subsequent owners. In support of this contention, he places reliance upon the judgment of the Hon'ble Supreme Court in the case of Assistant Engineer (D1), Ajmer Vidyut Vitran Nigam Limited and Anr. V/s. Rahamatullah Khan alias Rahamjulla Civil Appeal No.1672 of 2020, dt.18/2/2020.