MD.TAUQUIR ALAM Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) PETITIONER filed this writ application seeking direction upon the respondents, Jharkhand State Electricity Board and its officers to accept the application of the petitioner for giving him new electric connection in the premises bearing plot No, 1092, Ward No. 8 (Mango, Jamshedpur) which has been taken on lease from one Md. Pervez Akhtar, S/o Late Moizul Haque resident of Muhalla Jamshedpur.

(2.) PETITIONERS case is that after taking shop premises on lease he approached respondent No. 5 Assistant Electrical Engineer, Electric Supply Sub Division, Mango for grant of new connection and the later refused to accept his application for new connection on the ground that there is some dues lying against the owner of the premises namely, Pervez Akhtar. The respondents appeared and filed counter affidavit stating that there was industrial connection in the plot in question in the name of Pervez Akhtar who had arrear of Rs. 61.000/ - and for non payment of that arrear line was disconnected, hence fresh connection cannot be given without payment of the dues. It is further stated that before the petitioner one Rashid Akhtar filed writ petition before this Court for grant of fresh electric connection in the said plot on the basis of tenancy documents executed by Pervez Akhtar.

(3.) IN compliance of the aforesaid order, petitioner filed reply to the said counter affidavit and denied and disputed the averments made in the said counter affidavit. It is stated that there had never been any industrial connection in the name of Pervez Akhtar or Rashid Akhtar and so -called Rashid Akhtar never filed writ petition. It is stated that on the contrary respondent Board has given electric connection in the house standing on portion of the same plot in the name of Pervez Akhtar without insisting payment of alleged dues against him.