PRABHAWATI DEVI Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) After having heard the learned counsel for the petitioner as well as the respondents, this writ application is being disposed of at the time of admission itself. In this writ application prayer of the petitioner is for quashing the order dated 14.11.2000. issued by the respondent No. 3. Assistant Electrical Engineer, Electric Supply Sub -division, Adityapur, Jamshedpur, whereby the domestic electric connection has been refused on the ground that there are some dues against the erstwhile tenant Sri S.C. Bera. Admittedly, the petitioner was allotted the quarter, in question, by the Housing Board, as it appears from the order dated 27.9.2000, contained in Annexure 2 to this writ application. Admittedly, the petitioner has applied for the electric connection alongwith requisite fees which was refused on the ground aforesaid. It is well -established principle of law by now that such electric connection cannot be refused on the ground of some dues lying against the erstwhile owner unless such owner is in collusion with other in order to defeat the rightful claim of the respondent - Board. Accordingly, the order dated 14.11.2000, as contained in An -nexure -3 is hereby quashed and the respondent is directed to provide the electrical connection to the premises of the petitioner since he has already submitted a form alongwith requisite fees, as early as possible, preferably within one week, from the date of receipt/production of a copy of this order. This writ application is accordingly allowed to the extent indicated above.

(2.) APPLICATION allowed.