RAVI PRAKASH BAGROY Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard the learned counsel for the parties and with their consent, this writ application is disposed of at the stage of admission.

(2.) The controversy raised in this writ application, is as to whether the Respondent-Electricity Board can demand payment of outstanding electric dues from the present petitioner though such dues had accumulated and fallen in arrears against the tenant of the present petitioner, who was occupying a portion of the petitioner's building, and who was an electric consumer in his individual capacity.

(3.) From the facts stated, it appears that the petitioner is the landlord of a shop, which was in use and occupation by one of his tenants. It also appears that the Respondent-Electricity Board had extended electric connection to the tenant directly accepting him as a consumer. As stated by the petitioner before granting such electric connection to the tenant of the petitioner, no consent of the landlord was taken by the Electricity Board. It further appears that subsequently in pursuance to a suit for eviction filed by the petitioner/landlord, by virtue of a decree passed by the Civil Court, the eviction of the tenant from the premises could be secured. In the meantime, the Respondent-Electricity Board had withdrawn the electric connection to the premises. After the eviction of the tenant, the petitioner/landlord had filed an application before the Respondent-Electricity Board for grant of a new electric connection to the said premises. The Respondent-Board has made a counter claim for payment of arrears of electricity dues, which the erstwhile tenant had failed to pay. It is in this context, that the demand for payment of the outstanding dues of the tenant, as made by the Respondent from the petitioner, that has been challenged in this writ application.