SHASHI KUMAR SINGH Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioners have preferred these writ petitions for issuance of appropriate writ / order / direction in the nature of mandamus directing the respondent board to accept the application form for grant of the electrical connection along with requisite fee to grant separate electrical connection to the petitioners commercial allotted premises having holding No. 17, Plot No. 965, Ward No. 46 situated at Dhobi Mohalla, Doranda, P.O. & P.S. Doranda, District -Ranchi which the petitioner has hired on rent from Md. Arif Ahmad as the respondents have refused to accept the petitioners application for grant of electrical connection on account of the dues of erstwhile owner / landlord of the said premises.

(2.) THE main contention raised by the petitioner is that the respondent were not justified in refusing the application form for new electrical connection to the petitioner on the ground that there are dues towards electrical consumption of the erstwhile owner / landlord.

(3.) ANOTHER case referred to and relied upon is a decision of a Division Bench of this Court, rendered in the case of Bijay Kumar Tantia v. Jharkhand State Electricity Board, as reported in 2002(3) JCR page 368 (Jhr.) wherein while considering a similar issue this Court held that the liability to pay consumption charges of the consumer for the outstanding dues of electricity consumption cannot be imposed as a pre -condition for obtaining his own electric connection. In the same order it has also been observed at paragraph - 7 of the judgement that if the Board suspects that the new application has been set up by the erstwhile consumer or the erstwhile consumer is a new incarnation then the Board in such case is always at liberty to examine such aspects by passing a reasoned order and accordingly a liberty was granted and the matter was directed to be examined in view of the aforesaid observation.