- (1.) Heard Mr. S. K. Kejriwal, learned counsel for the petitioner. Also heard Mr. D. Bhattacharjee, learned Standing Counsel, Assam State Electricity Board (ASEB).
(2.) Case of the petitioner is that he is the proprietor of M/s Indomech Engineers, an industrial unit set up for the purpose of assembling Diesel Gensets under an agreement with M/S Greaves Limited. The industrial unit of the petitioner is situated at Rani Industrial Area. The shed for carrying out the industrial activities belongs to the Assam Industrial Infrastructure Development Corporation (hereinafter referred to as "the Corporation"), which was allotted to the petitioner. As electricity was required to operate the industrial unit, the petitioner approached the Respondent No. 3 for providing electricity connection to his industrial unit. No Objection Certificate (NOC) from the Corporation was also obtained and submitted. As electricity connection was not provided to the petitioner despite lapse of considerable time, the petitioner approached the Respondent No. 3 to enquire about the matter. At this stage, the petitioner was furnished with a bill dated 13.11.2003 for an amount of Rs. 21,613.86 issued by the Respondent No. 3 to one M/s Leatheran, which was the previous occupier of the shed. The petitioner was informed that he had to first clear the aforesaid amount and then only the power supply would be provided to him. When the petitioner approached the higher authority complaining that providing electricity connection to his industrial unit could not be made contingent on payment of arrear dues of others, the respondents refused to provide electricity connection to the petitioner by making it clear that for providing electricity connection the petitioner had to first clear the outstanding liability. From the detail statement issued by the Respondent No. 3, the petitioner could gather that the dues of M/s Leatheran, the previous occupier, was for the period up-to 7.8.1999.
(3.) A. S. E. B. had framed the Terms and Conditions of Supply, 1998 in exercise of power conferred under Section 49 of the Electricity Supply Act, 1948. Clause 3 (B)(iii) provided that any person desiring to have electricity to a premise in respect of which a power supply agreement was terminated due to default in payment of electricity dues, shall be treated as a fresh consumer and that the ASEB reserved the right to collect the outstanding arrears from the person before connection was given.;