Mannan Khan vs J.S.E.B. and Others

S.J. Mukhopadhaya, J.—According to petitioner, the land in question has been purchased by him by registered sale deed dated 18th December, 1999. The petitioner applied for fresh electrical connection.

The grievance of the petitioner is that the respondents have not given the electrical connection on the ground of dues against the premises.

Admittedly, three is nothing like dues against a premises. An electrical connection is given in the name of the consumer and, thus, there can be dues from an occupant/consumer. It is also settled law that the subsequent occupant/owner is not liable to pay the dues of erstwhile occupant/owner. One may refer the decisions of the Supreme Court in Isha Marbles Vs. Bihar State Electricity Board and Another, and this Courts decision Tapeshwar Sao v. B.S.E.B., reported in 2001 (1) JLJR 141 : 2001 (1) JCR 191 (Jhr) etc.

In the facts and circumstances, for determination of the issue as to whether the dues are against the erstwhile owner/ occupant or are against the petitioner/ present occupant, the case is remitted to the Electrical Executive Engineer, Karandin. Jamshedpur.

If the petitioner files any representation enclosing the photo copies of the sale deed and, if necessary, after enquiry, pass an appropriate order within 15 days from the date of receipt of such representation.

If there is no dues against the present occupant/or the petitioner, the respondents will grant fresh electrical connection within 48 hours from the date of depositation of requisite amount with form without asking for dues of erstwhile occupant/owner.

In case of any adverse decision, the ground be communicated to the petitioner within the aforesaid period.

The writ petition stands disposed of, with the aforesaid observations/directions.