- (1.) HEARD Mr. M.S. Mittal, learned counsel for the petitioner and Mr. Delip Jerath, learned counsel for the respondent -Board.
(2.) IN this writ application petitioner has prayed for issuance of writ of mandamus directing the respondents to grant electrical connection to the petitioner Unit which has been refused by the Board on the ground that there is huge electricity dues against the erstwhile owner of the said Unit and further for quashing the letter dated 7.4.2004 issued by Chief Engineer, Jharkhand Electricity Board by which he has communicated to the Electrical Superintending Engineer, Electric Supply Circle, Ranchi that Board is not legally bound to give connection to the petitioner until outstanding dues are paid by erstwhile consumer M/s. Roll Well Enterprises. The case of the petitioner firm is that it has taken the Unit on lease from the erstwhile proprietor namely, M/s. Roll Well Enterprises and a lease deed to that effect was executed by the partners of the petitioner -firm with the erstwhile firm. Immediately, after execution of the lease petitioner applied for High Tension Connection for a contract demand of 180 KVA. On the said application the respondent -Board refused to grant fresh connection on the ground that there is electricity dues of Rs. 43,93,019/ - against the erstwhile owner.
(3.) MR . M.S. Mittal, learned counsel for the petitioner submitted that respondents are not justified in not providing electric connection to the petitioner unit on the ground of outstanding dues lying against the erstwhile owner. learned counsel submitted that petitioner cannot be held liable to meet the liability of the erstwhile owner to secure connection in the Unit which has been taken on lease for a period of seven years. Learned counsel relied upon the judgment passed by this Court in the case of Bijay Kumar Tantia V/s. Jharkhand State Electricity Board and others, L.P.A. No. 267 of 2002. Learned counsel also relied upon the decision of the Supreme Court in the case of Isha Marbles V/s. B.S.E.B., (1995) 2 SCC 648.;