- (1.) The question of refusal to grant fresh electrical connection on the ground of non-payment of dues of erstwhile owner/occupant of a premises, stands decided by a number of decisions of this Court and the Supreme Court. In spite of the same, the Assistant Electrical Engineer (A.E.E. for short), Mango, Jamshedpur having refused to grant fresh electrical connection on the ground of dues against erstwhile owner/occupant, the petitioner has challenged such noting of the officer dated 16th July, 2002, as made on his application dated 11th July, 2002, which reads, as follows :- "The connection of M/s. Bharuka Industries (Anubhav Steel) is disconnected since long (6/2000) on heavy dues. Lakshmi Nath Metal Industries has purchased the plot of Anubhav Steel which has electric dues. Hence no formalities for fresh connection can be accepted as per Board's Rules. Sd/- 16-7-2002 A.E.E./Mango"
(2.) It is not in dispute that the wife of the proprietor of petitioner namely Smt. Manju Singhania purchased the premises, in question, from M/s. Bharuka Industries Pvt. Ltd. by a registered sale deed dated 11/07/2001, vide Annexure-1. Thereafter, the proprietor of petitioner applied and deposited the requisite forms Annexure-2. The connection having not given, the petitioner moved before this Hon'ble Court in W.P.(C) No. 3384 of 2002, wherein this Court, vide order dated 19th June, 2002 allowed the counsel for the petitioner to withdraw the writ petition with liberty to file duly filled up appropriate application before the concerned authority for obtaining electrical connection in the premises in question.
(3.) The Supreme Court in the case of Isha Marbles v. Bihar State Electricity Board, (1995) 2 SCC 648, held that where premises comes to be owned or occupied by a purchaser, when such purchaser seeks supply of electric energy, he cannot be called upon to clear the past arrears as a condition precedent to supply. There is no charge over the property. What matters is the contract entered into by the erstwhile consumer with the Board. The Board cannot seek the enforcement of contractual liability against the third party. The bona fides of the sale may not be relevant. The Board cannot make the subsequent purchaser liable to pay the dues of erstwhile owner/occupant, though in the same premises fresh connection is to be given. However, such sale cannot affect the right of the Board to recover its dues. The Supreme Court further held that it is impossible to impose on the purchasers a liability which was not incurred by them. Though the purchaser purchase the property after disconnection, but they cannot be 'consumer or occupier' within the meaning of the provisions under the Electricity Act till a contract is entered into.;