MAYA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application the question that falls for consideration is as to whether the action of the respondent -Jharkhand State Electricity Board (in short JSEB) and its authorities refusing to provide electrical connection in the premises of the petitioner is illegal, arbitrary, discriminatory and unjustified.

(2.) THE facts of the case lie in a narrow compass: The petitioner is a purchaser of the building in question from the erstwhile owner. The building was in occupation of a Training College on rent. The petitioner, after purchase, got the rent fixed by the Rent Controller. The said college ultimately vacated the building premises in July 2002 and handed over the same to the petitioner. The petitioner, thereafter, applied for fresh connection but the respondents refused to accept the application form of the petitioner and informed that electric bill of Rs. 1,49,048.00 is lying due on the said premises against the occupier -Training College and as per law, for non -payment of dues of the said premises, fresh connection cannot be given. It is worth to mention here that earlier connection was disconnected for non -payment of dues.

(3.) THE question as to whether the Board can refuse to grant electric connection on the ground that the erstwhile occupier of the premises defaulted in payment of dues is concerned, has been considered by the Supreme Court in the case of Isha Marbles v. Bihar State Electricity Board and Ors. : [1995]1SCR847 . The facts of the case was that the previous owner had the benefit of electricity supply from the Corporation. The electricity arrears in relation to the premises in question had fallen due since they had neglected to pay and, so electric connection was disconnected. The appellant became auction purchaser of the said property. He applied for supply of electricity for the same premises to which already electricity was supplied and disconnected for non -clearance of the dues.