Sanjay Kumar Dwivedi,j. - (1.) Heard Mr. M.S. Mittal, learned senior counsel appearing on behalf of the petitioner and Mr. Mukesh Kumar Sinha, learned counsel appearing on behalf of the respondent-JUVNL.
(2.) The petitioner has preferred this writ petition for issuance of direction upon the respondents to grant fresh electrical connection of 40 HP under LTIS category for running its plant and another connection of 1KW under CS category for lights for safety purpose which was refused. Further prayer is made for quashing the letter no.109 dated 06.02.2014, issued by the Assistant Electrical Engineer, Electric Supply Sub-Division, Govindpur, Dhanbad by which he has asked the petitioner to pay an outstanding dues of Rs.1,43,095/- and 43,023/- respectively in respect of two connections of one M/s Ashoka Briquette Industries so as to enable to grant electrical connection to the petitioner since the petitioner has no connection.
(3.) The narrow facts of this case is that there are two directors in the petitioner- company namely Sri Brij Mohan Agarwal and Sri Deepak Goel. Sri Brij Mohan Agarwal is one of the Directors of the petitioner company had purchased a piece of land from Bajrang Bansal by sale deed dated 12.01.2007 as contained in Annexure-1 to the writ petition. It is further stated in the aforesaid deed that Sri Bajrang Bansal had originally purchased this land by registered deed of sale deed bearing no.4554 dated 09.09.1997 from one Smt. Usha Devi who was a proprietor of one M/s Ashok Briquette Industries. The property in question at the time of purchased by the Director was vacant plot with a boundary wall without any structure whatsoever. The petitioner company namely Sri Banke Bihari Crushers and pole Pvt. Ltd. was incorporated on 13.01.2011. The petitioner company entered into a lease agreement with the owner of the land as well as one of the Director of the petitioner company, Sri Brij Mohan Agarwala to set up a fly-ash bricks plant in the said plot and for the said purpose entered into a lease agreement as contained in Annexure-2 to the writ petition. The petitioner company has made a substantial investment to the extent of almost Rs.25.0 Lakhs. Thereafter, the petitioner company applied for two electrical connections i.e. a load of 40 HP under LTIS category for running plant and another connection of 1 KW under CS category for the purpose of putting on few lights in the night for the safety purpose as contained in Annexure-3 to the writ petition. The petitioner has also deposited the requisite fees as required as contained in Annexure-4 to the writ petition. All of a sudden, the petitioner company received a letter dated 06.02.2014 bearing no.109, written by the Assistant Electric Engineer, Electric Supply Division, Govindpur, Dhanbad by which the Director of the petitioner has been asked to deposit a sum of Rs.1,43,095.00/- and Rs.43,023.00/- which were outstanding on account of one M/s. Ashoka Briquette Industries and it was further stated that only after making the payment of the outstanding dues the electrical connection can be given to the petitioner. Aggrieved with the same, the petitioner has preferred this writ petition.;