- (1.) HEARD learned counsel for the parties.
(2.) THE petitioner has come before this Court with a grievance that the Respondents-Jharkhand State Electricity Board has not been providing electricity connection to the premises of the petitioner-company situated at Mouza-Barwa, Govindpur, Dhanbad, though he is lawful owner of the said premises having purchased the same under valuable consideration vide registered sale deed executed by its vendor, M/s. Innovative Infraprojects Pvt. Ltd. It is the contention of the petitioner that he was told by the vendor that there are no outstanding dues against him due to the Jharkhand State Electricity Board. It is contended on behalf of the petitioner that under the Electricity Act, 2003 and the regulation framed thereunder by the State Regulatory Commission specifically Regulation 5.5, the licensee like the Respondent-Board is under the duty to provide electricity connection to a new incumbent of premises, if he is not connected with the previous owner in any manner, without realization of arrears dues of erstwhile owner. Learned counsel for the petitioner has also relied upon the judgment of Hon'ble Supreme Court of India in the case of Isha Marbles -Vs.-Bihar State Electricity Board with analogues cases reported in (1995) 2 SCC 648, in order to support his contention also. He submits that a proper application has been made before the competent authority and the Superintending Engineer of the Respondents-Board for grant of new connection over which they are yet to take any decision.
(3.) LEARNED counsel for the Respondents-Board, Mr. Ajit Kumar submits that the regulation framed by the State Regulatory Commission, provide for adequate guidelines in such matters. If the petitioner is able to demonstrate before the competent authority of the concerned circle that he is not connected with the previous owner and there are no legal impediment otherwise, the respondent authority of the Board is entitled to take a decision for grant of such connection in accordance with law, if the petitioner approaches him.;