JUDGEMENT
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(1.) It is submitted that the petitioner has entered into an agreement of
sale of the Unit in question and there is no concern or connection
whatsoever between the seller and the petitioner, but the Assistant
Engineer has refused to grant electrical connection to the petitioner;
against the settled position of law; that the electrical connection cannot
be refused on such ground. It is further submitted that if in future it is
found that there is any concern or connection whatsoever between the
seller and the petitioner, the Board will be entitled to recover the dues of
the seller from the petitioner.
(2.) Mr. V.K. Prasad, learned counsel appearing for the Jharkhand State
Electricity Board (for short "the Board"), on the other hand, submitted
that if that is the stand of the petitioner, the Board has got no objection.
In the circumstances, the respondents are directed to pass order on
the application of the petitioner for electrical connection keeping aside
the ground of dues on the seller. The respondents are further directed to
proceed against the seller for realisation of the dues in accordance with
law. If it is found that there is any connection or concern whatsoever
between the seller and the petitioner, the Board will also proceed for
realisation of the dues of the seller against the petitioner. The Board will
pass order on the petitioner's application as early as possible and
preferably within one week from the date of receipt of a certified copy of
this order.
(3.) With these observations and directions, this writ petition is disposed
of. However, no costs.;
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