- (1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 26-7-2003 against the respondents with a prayer that by an appropriate writ, order or direction the communication dated 22-12-2001 (Annex. 12) issued by Assistant Engineer, Ajmer Vidhyut Vitran Nigam Limited (respondent No. 2) by which the petitioner was informed that the petitioner should deposit the dues of defaulting unit i.e. HMG Granites (India) Pvt. Ltd. (hereinafter referred to as the defaulting unit) amounting to Rs. 2.51.996/-and thereafter only the connection would be released to the petitioner, letter dated 8-1-2002 (Annex. 14) issued by respondent No. 2 (Assistant Engineer) by which the petitioner was again informed that it should deposit the dues of the defaulting unit and thereafter only the application of the petitioner for release of connection would be Considered and the communication dated 20-7-2002 (Annex. 17) issued by the Executive Engineer {Comml.) AJmer Vidhyut Vitran Nigam Ltd. by which the petitioner was again asked to deposit the dues of defaulting unit be quashed and set aside.
(2.) The facts of the case as put forward by the petitioner are as under : 1) The petitioner purchased assets of a Marble and Granite Unit at village Mojawaton Ka Guda of Rajsamand District In an auction conducted by Rajasthan State Industrial Development and Investigation Corporation Limited (hereinafter referred to as "RIICO") under Section 29 of the State Financial Corporations Act, 1951 (hereinafter referred to as the Act of 1951). The petitioner thereafter started a granite cutting and polishing unit in the name and style of Swan Marbles and Granites. ii) Further case of the petitioner is that RIICO published an advertisement dated 9-3-2001 (Annex.3) for sale of assets Of defaulting unit. iii) Further case of the petitioner is that offer of the petitioner amounting to Rs. 30,00,000/- for purchase of assets of defaulting unit was accepted by the RIICO vide letter dated 24-8-2001 (Annex. 5). iv) Further case of the petitioner is that thereafter a conveyance deed (Annex. 8) was issued by the RIICO in favour of the petitioner transferring the defaulting unit to the petitioner. v) Further case of the petitioner is that the possession of defaulting unit was also handed over to the petitioner on 24-9-2001, a copy of handing over proceedings is marked as Annex. 9. Copy of list of assets handed over to the petitioner by the RIICO is marked as Annex. 10. vi) Further case of the petitioner is that after getting possession of the assets of the petitioner, the petitioner moved an application (Annex. 11) on 20-12-2001 to the respondent No. 1 (Ajmer Vidhyut Vitran Nigam Ltd.) for release of electric connection for contract demand of 250 KVA for the petitioner-unit. vii) Further case of the petitioner is that vide communication dated 22-12-2001 (Annex. 12), the respondent No. 2 (Assistant Engineer, AJmer Vidhyut Vitran Nigam Ltd.) in formed the petitioner that the petitioner should deposit the dues of the defaulting unit and thereafter only the electric connection would be released to the petitioner. viii) Further case of the petitioner is that the petitioner wrote a letter dated 1-1-2002 (Annex. 13) to the respondent No. 2 (Assistant Engineer) informing him that it had purchased the assets of the defaulting unit from the RIICO without any liability and, therefore, it was not required to pay the dues of the defaulting unit. ix) Further case of the petitioner is that respondent No. 2 (Assistant Engineer) vide his communication dated 8-1-2002 (Annex. 14) again informed the petitioner that it should first deposit the dues of the Nigam and thereafter only the application for release of electric connection would be considered. x) Further case of the petitioner is that it submitted a representation (Annex. 15) to the Chairman of Ajmer Vidhyut Vitran Nigam Ltd. (respondent No. 1) on 10-1-2002. The petitioner submitted another representation dated 11-7-2002 (Annex. 16) to the respondent No. 1 (Chairman, Ajmer Vidhyut Vitran Nigam Ltd.). x) Further case of the petitioner is vide communication dated 20-7-2002 (Annex, 17), the Executive Engineer, Ajmer Vidhyut Vitram Nigam Ltd. again insisted on the petitioner to deposit the dues of the defaulting unit. xi) Being aggrieved by the communications dated 22-12-2001, 8-1-2002 and 20-7-2002 (Annex. 12, Annex. 14 and Annex. 17), the present writ petition has been preferred by the petitioner.
(3.) In this writ petition, the main submission of the learned counsel for the petitioner is that the impugned, action of the respondents in not releasing the electric connection to the petitioner on account of non-payment of dues of defaulting unit is without any sanction of law as there was no agreement between the petitioner and the respondents that the electric connection would not be released unless and until the dues of the defaulting unit are paid and hence the electric connection be released in favour of the petitioner without insisting upon the payment of dues of defaulting unit and this writ petition should be allowed.;