M.Y. Eqbal, J. - (1.) IN this writ application the petitioner seeks a direction upon the respondents to forthwith grant electrical connection in the premises occupied by the petitioner within the Ranchi Industrial Area Development Authority.
(2.) THE petitioner's case, infer alia, is that the petitioner's company was incorporated sometime in June, 1999 in March, 2000 the petitioner was granted a lease of the land in question by the Ranchi Industrial Area Development Authority (in short, "RIADA") In Kokar Industrial Area. The lease was granted for a period of 90 years by virtue of registered deed of lease dated 23.3.2000. In May, 2000 the petitioner applied before respondent No. 5, the Assistant Electrical Engineer, Electric supply Sub -Division, Kokar -II, Ranchi cor a new connection of a 3 phase 11 K.V. line for a contract demand of 200 KVA. Thereafter the petitioner has been continuously requesting and representing the respondents for giving electrical connection but that was denied by the respondents on the ground that an erstwhile occupier of the land namely, M/s. Bharat Agrico is liable to pay the electrical dues for the supply of the electricity in the same premises, unless their dues be cleared by M/s. Bharat Agrico. fresh connection cannot be given to the petitioner. The matter was taken up on 5.7.2000 and this Court passed order directing the Board to file counter -affidavit stating the reasons for not giving electricity in the premises of the petitioner and also disclosed the actions taken against M/s. Bharat Agrico for the recovery of the dues.
(3.) A counter -affidavit has been filed by the respondents including respondent Nos. 2 to 6, who are now holding the same post under the Jharkhand State Electricity Board. The stands of the respondents are that the erstwhile occupier, namely, M/s. Bharat Agrico after getting allotment of the piece of land from RIADA raised construction for carrying out its business. The said erstwhile occupier, namely, M/s. Bharat Agrico was given connection having load of 200 KVA. The agreement with the said Company was determined in July, 1998 and the line was disconnected. The dues existing at the time of disconnection of electricity in the premises was Rs. 2,59,194. It is stated that after adjustment of security still a sum of Rs. 14,07,622.00 is payable by M/s. Bharat Agrico. Unless the dues are paid, fresh connection cannot be given in the premises now occupied by petitioner -Company. So far the steps for recovery of dues is concerned, it is stated in the counter -affidavit that the respondents have started process for initiating a Certificate proceeding for realisation of dues from M/s. Bharat Agrico.;