JHARKHAND STATE ELECTRICITY BOARD Vs. ANUP KUMAR CHOUDHARY

JUDGEMENT

(1.) This appeal arises out of an order of learned Single Judge of this Court whereby in effect, the appellant Electricity Board (hereinafter referred to as the Board) was directed to consider the application of the writ petitioner (hereinafter referred to as the petitioner) for giving fresh connection of electricity in accordance with Rules, without insisting that the petitioner should first pay to the Board the unpaid dues of the previous owner of the property purchased by the petitioner.

(2.) The fact giving rise to the writ petition are that there was a partnership firm known as M/s. Sahu Gupta Industries, which had an electricity connection from the Board on the premises in question. M/s. Sahu Gupta Industries left behind more than Rs. 18 lacs as unpaid electricity dues. The premises in question was sold by M/s. Sahu Gupta Industries to the petitioner, who applied for fresh connection. The Board insisted as a pre-condition for grant of fresh electricity connection that the purchaser-petitioner should first clear the electricity dues of M/s Sahu Gupta Industries.

(3.) The learned Single Judge relied upon a decision of the Supreme Court in case of Isha Marbles v. Bihar State Electricity Board, 1995 2 SCC 648 and held that the petitioner was not liable to pay the un-paid electricity dues of M/s. Sahu Gupta Industries as a pre-condition for grant of fresh connection, merely because he had purchased the properties in question from M/s. Sahu Gupta Industries.