M. Saran Nayanar vs Jharkhand State Electricity Board and Others

Tapen Sen, J.—Heard Mr. S. Srivastava, learned counsel for the petitioner and Mr. A.K. Mehta learned counsel for Jharkhand State Electricity Board.

The petitioner has filed this Writ Application for issuance of a command upon the respondents to provide fresh electrical connection (domestic) without insisting for the payment of dues of the erstwhile occupant of the quarter in question. According to the petitioner, the quarter in question was allotted in his favour on 4.12.1999 by the Bihar State Housing Board whereafter on 5.1.2000 a hire purchase agreement was executed between the parties and it was only thereafter on 7.1.2000 that he applied for a fresh electrical connection.

The grievance of the petitioner is that he has been denied electrical connection on the ground that there are outstanding dues in respect of the same quarter which had earlier been occupied by one R.T. Rao.

It is really very unfortunate that the Board is continuing to repeat the same error/ mistake over and over again in spite of repeated Judgments not only of the Hon''ble Supreme Court of India but also immumerable orders/Judgments passed by the Hon''ble Patna High Court as also the Hon''ble Jharkhand High Court. One such order has been brought on record vide Annexure 4 appended to the writ application which is an order passed in CWJC No. 2211/2000. This Court reminds the Board of the Judgment of the Hon''ble Supreme Court of India in the case of Isha Marble''s and other and other such similar Judgment/orders which have been passed from time to time.

The respondents are directed to grant electrical connection to the writ petitioner on deposit of only the requisite amounts that are necessary to be deposited and not to insist for payment of the dues of the erstwhile occupier owner of the quarter, It goes without saying that if the petitioner has already deposited the requisite amount, then no further amount shall be demanded by the Respondents. The electrical connection shall be given within 24 hrs. from the date of presentation of a copy of this order before the respondent No. 3 (The Electrical Executive Engineer, Electric Supply Division, Adityapur. Seraikella-Kharsawa). The Board is however, at liberty to take all steps that may be possible and permissible to recover the dues from the erstwhile owner in accordance with law.