- (1.) Aggrieved by refusal to grant a fresh electrical connection vide order dated 07.11.2013, the petitioner namely, M/s Shree Gajpati Foods (P) Ltd. has sought quashing of letter no. 443 dated 07.11.2003 and for a direction upon the respondents to grant fresh electrical connection to the petitionercompany, the present writ petition has been filed.
(2.) The brief facts of the case are that, the petitionercompany, pursuant to a sale notice dated 10.06.2012 issued by the Bihar State Financial Corporation, Patna purchased the property in question for a sale consideration of Rs. 126 lakhs and the sale was confirmed in favour of the petitionercompany on 21.08.2012. The auction notice was duly published in the local daily newspaper "Prabhat Khabar". An agreement for sale of the property in question which belonged to M/s Sarasawati Roller Flour Mills Private Limited was executed on 28.09.2012. A demand for payment of balance consideration amount was made on 31.07.2013 which was paid by the petitionercompany on the same day and "No Dues Certificate" was issued in favour of the petitionercompany by the Bihar State Financial Corporation on 20.11.2013. The petitionercompany intended to start Flour Mill and therefore, applied for fresh electrical connection on 24.10.2013 by depositing the requisite fee and submitting the application in prescribed Format. However, vide order dated 07.11.2013 of the Assistant Engineer, the petitionercompany was refused fresh electrical connection. In view of the fact that an amount of Rs. 18,52,482/ is pending against the erstwhile owner of M/s Sarasawati Roller Flour Mills Private Limited on account of energy charges and for realising the said amount a Certificate Case No. 14/Elect./9697 was filed by the Electricity Board which is pending in the Court, fresh electrical connection to the petitionercompany was refused.
(3.) A counteraffidavit has been filed on behalf of the Jharkhand Electrical Board stating that the electric connection to M/s Sarasawati Roller Flour Mills Private Limited was granted vide connection no. BRD534 in HT category and energy/electric charge of Rs. 18,52,482/ accumulated due to nonpayment of electrical dues. A Certificate Case No. 14/Elect./9697 was therefore initiated against Sri Pradeep Kumar, Managing Director of M/s Sarasawati Roller Flour Mills Private Limited and the said case is pending in the Certificate Court. It is stated that the "agreement for salecumrepayment of balance loan" dated 28.09.2012, a copy of which is annexed as Annexure1 to the writ petition, wrongly indicates the balance dues of Rs. 94.50 lakhs against the mortgaged property. In fact an additional amount of Rs. 18,52,482/ is also due against the M/s Sarasawati Roller Flour Mills Private Limited.;