- (1.)PETITIONER is a Managing Director of one Company floated by him as one of his family concern called Steller Drugs Ltd. , Ratlam. This Company has to pay electricity dues to Board amounting to Rs. 54,753/ -. Notices of attachment and recovery of the dues were issued by the Board but petitioner has managed not to allow the Board to recover the said amount from the assets of the Company. Petitioner has one flat. A notice was thus, issued on 16-9-2002 (Annexure P-1) to petitioner calling upon him as Managing Director of the said Company to pay the dues of the Company failing which it was said that connection to petitioner's flat would be disconnected. It is against this notice, the petitioner has come to this Court in writ and has sought its quashing.
(2.)THE quashing is sought essentially on the ground that no demand can be raised on the petitioner, nor connection can be disconnected to his flat for the outstanding dues of Company of which he is a Managing Director. The Board has defended the demand by placing reliance on a Notification, dated 20-10-2001 (Annexure D-l) whereby new Clause 27 (K) has been added in genera! conditions for supply of electrical energy and scale of miscellaneous and general charges by invoking powers conferred under Section 49 of the Electricity (Supply) Act, 1948. It reads as under :-
"27 (K ). In the event of default by any person in payment of any of the bills raised by the Board for any supply or sale or electricity to such person or on his behalf to any other person, the Board may, without prejudice to its any other right, disconnect any or all electricity supply connections to such person irrespective of any default on that particular connection. "

(3.)IT is on the basis of aforementioned clause the respondent-Board has contended that the impugned demand raised on the petitioner is well justified.