SUBERNREKHA ENTERPRISES Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner, M/s Subernrekha Enterprises, through its proprietor, Shri Alok Khaitan, has filed this writ petition seeking a direction upon the respondents-Board to activate the new electrical connection of the petitioner which the Board has sanctioned and granted and which the Board is withholding on the ground that there are some dues of the Board from another partnership firm, namely, M/s. Bharat Agrico which has been closed down in 1997.

(2.) Petitioner's case is that the petitioner set up an Induction Furnace Unit for casting Iron components to be manufactured. For that the petitioner required electrical connection to the extent of 310 KVA. The petitioner said to have deposited the requisite fees and the petitioner's application was finally sanctioned. After deposit of the security amount a written agreement was executed on 11-12-2004. After completing all the formalities only the activation of the electrical line was to be done by the Board but the petitioner was informed that there are huge amount of dues in the name of M/ s. Bharat Agrico in which the petitioner was a partner and, therefore, unless the dues are paid, new electrical connection cannot be given.

(3.) A counter affidavit has been filed by the Board wherein it is stated that a dues of Rs. 14,33,102/- exists in the name of the proprietor of this firm, namely, Shri Alok Khaitan and a certificate proceeding has already been initiated being certificate case No. 188/2000-01 before the Certificate Officer, Ranchi. It is stated that the Certificate Officer has already issued warrant against Shri Alok Khaitan for recovery of the aforesaid dues.