- (1.) Heard Mr. Ajit K. Sinha, the learned senior counsel appearing for the petitioner. Mr. B.D. Das, learned senior standing counsel of the Assam State Electricity Board represents the respondents 2 to 5 - who are referred to hereinafter as "the Distributor". Mr. A.K. Thukur represents the Regulatory Commission (respondent No. 1).
(2.) The issue that needs to be answered in the instant case is whether the petitioner as an auction purchaser is obliged to clear the electricity dues of the previous consumer, before he can be supplied electricity in the premises, where connection was disconnected for non-payment of power dues. Relevant facts
(3.) On 29.12.2007, an Auction Sale Notice was published by the Recovery Officer of the Debts Recovery Tribunal (DRT), Guwahati in respect of M/s. Eastern Steel & Alloys Company Ltd. hypothecated premises and land measuring 16 Bighas, 1 Katha, 12 Lachas with AT (Assam Type) & RCC Building/Sheds, etc., besides scraps of plant and machinery and boundary wall on "As is where is basis". 3.1 The petitioner was the only one who responded to the sale notice and the DRT by order dated 24.3.2008 ordered confirmation of sale at the petitioner's offer of Rs. 1,08,50,000.00 and Certificate of Sale in respect of the auctioned property was granted in favour of the petitioner. 3.2 As a portion of the auctioned property was under occupation of the CRPF personnel, the petitioner wrote to the UCO Bank Authorities to remove the CRPF personnel camping in the property and by the reply dated 27.3.2008 given by the Chief Manager of the UCO Bank, the auction purchaser were informed that the Bank will take responsibility for decamping the CRPF personnel in occupation of the auctioned property. 3.3 On 21.1.2009 (Annexure VIII) the petitioner wrote to the Manager, Bongaigaon Sub-Division, Lower Assam Electricity Distribution Company Ltd. (respondent No. 4) about the purchase of the hypothecated property and requested the Distributor for sanctioning of 50 to 150 KVA Electricity Connection, to set up a Calcined Petroleum Coke Industry, in the purchased premises. 3.4 In the mean time, the petitioner learnt that fresh connection cannot be given in the purchased property as some old power dues are pending in respect of the said premises and accordingly the petitioner requested for intervention of the Chairman of the Distributor for early release of the electricity connection. 3.5 By the impugned communication dated 27.6.2009, the senior Manager of the Bongaigaon Electrical Sub-Division (respondent No. 5) informed that the total outstanding dues of the old consumer with principal and additional surcharge, was Rs. 4,57,23,633.81 for power supplied in the hypothecated property. 3.6 As the Distributor was not prepared to give a fresh connection without clearance of the outstanding dues of the old consumer, the present petition came to be filed. Petitioner's contentions;