Amreshwar Pratap Sahi, Sanjay Harkauli, J. - (1.) This writ petition has been filed by the petitioners who are admittedly the subsequent purchasers of a premises praying that they are being illegally denied an electricity connection on the ground that there are electricity dues on the premises which have not cleared off till date.
(2.) The ground taken by the petitioners is that such a liability cannot be fixed on the petitioners inasmuch as the liability was on one Mr. Shamshuddin Ahmad who was the tenant of the premises and the original owner whereof was Smt. Sheela Srivastava. Smt. Sheela Srivastava had made a complaint on 21.07.2015 to the Executive Engineer informing him that Shamshuddin Ahmad is no longer the tenant as his lease has already expired and he is in unlawful occupation of the premises and, therefore, if he is committing any theft of electricity, appropriate action should be taken against him and no fresh connection should be given to him. This application is Annexure- 11 to the writ petition.
(3.) It appears that the premises came to be purchased by the petitioners from Smt. Sheela Srivastava and they applied for fresh connection. It is at this stage that the Electricity Department started insisting upon the clearing of the dues that was there against Shamshuddin Ahmad against whom proceedings for theft of electricity had been undertaken. Aggrieved on account of no connection being provided, the petitioners filed Writ Petition No. 11381 of 2016 (MB) that was disposed of on 27th of May, 2016 by the following order: Heard learned counsel for the petitioner and Sri A.M. Shukla for the respondent Power Corporation. This writ petition has been filed for a mandamus directing the opposite parties to provide a new electricity connection of 4KW to the petitioner. Sri Shukla on the basis of instructions given by one Sri Amar Singh, Sub-Divisional Officer, opposite party no. 3, states that the premises earlier belonged to somebody else and the petitioner is the subsequent purchaser. There was a report of electricity theft in the said premises and there are electricity dues of about Rs. 2,80,000/- against the said premises which is to be realized from the erstwhile owner. Learned counsel for the petitioner has been duly informed about the same. He may collect the relevant papers from the Sub-Divisional Officer concerned and apply in accordance with law for an electricity connection. The Executive Engineer may take an appropriate decision in accordance with law under the Electricity Supply Code, 2005 within six weeks from the date an application is moved along with a certified copy of this order before him. The writ petition is disposed of with the said observations.;