JAIKISHAN AGARWAL Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The moot question that falls for consideration before this Court is as to whether the persons in occupation of premises can be denied supply of electricity by the respondent-Board on the ground of existing dues in the name of earstwhile owner or occupier of the same premises.

(2.) In the instant case, the petitioners have challenged the letter dated 12-10-1999 issued by the Electrical Superintending Engineer intimating the landlord of the petitioners that power in the premises will not be given unless dues of Rs.58,000.00 is cleared and further directed the landlord of the petitioners to clear the dues so that Board may consider the application to give fresh connection to the petitioners shop.

(3.) The building premises, situated in holding No. 46 of Ward No.5, Hirapur, Dhanbad, belongs to one Gouranga Chakraborty. The petitioners have taken the shop premises of the said building on rent from Gouranga Chakraborty. The petitioners'case is that the shop in question was earlier occupied by one Shankar Chandra Gorai as a tenant from 1977 to 1982 and during that period the electric connection was given in the name of B.M. Gorai, son of S.C. Gorai, who is neither the tenant nor the landlord and the said tenant consumed the electricity. It is stated that for non-payment of arrears of rent a suit was filed against Shankar Chandra Gorain being Title Suit No.l 194/83 in which it was found that one Baban Gorai took the electric connection in the premises in question. In 1999 the shop premises was handed over by the landlord to the petitioners and thereafter the landlord of the petitioners represented before the Assistant Electrical Engineer for providing fresh electric connection in the shop premises of the petitioners. It is stated that a due of Rs.58,000.00 lies in respect of connection No. HMC 6, which stands in the name of earstwhile consumer namely, B.M. Gorai for supply of electricity in the premises in question.