D.N.PATEL, J. - (1.) THE writ petition being W.P.(C) No. 2504 of 2014 was preferred by the appellant (original petitioner) for quashing Letter No. 1563/E.S.E./Ranchi dated 25th April, 2014, issued by the Electrical Superintending Engineer, Electric Supply Circle, Ranchi, whereby, he was refused to be provided fresh electricity connection, mainly for the reason that a sum of Rs.43,03,394/ - plus Rs. 28,794/ - towards the consumption of electricity is due on the same premises. This writ petition preferred by this appellant, has been dismissed by the learned single Judge vide order dated 27th June, 2014. Therefore the Letters Patent Appeal has been preferred by the appellant (original petitioner).
(2.) FACTUAL MATRIX: The premises, in question, where this appellant (original petitioner) is seeking fresh electricity connection, is a coldstorage - commercial premises. This cold -storage is having two chambers, plant room, generator room and two sorting verandah. This premises has been obtained by this appellant (original petitioner) on lease for three years and the rent is Rs.15,00,000/ - per year, which is subject to increase by 15% after three years. The lessor is Bihar State Cooperative Marketing Union Ltd. whereas the lessee is the present appellant (original petitioner). The said lease agreement has been entered in between the parties on 29th January, 2014 (Annexure 1 to the memo of Letters Patent Appeal). Earlier, the lease was given to one Sri Chandra Shekhar Prasad Singh, who has not paid the electricity dues amounting to Rs.43,03,394/ - and Rs.28,794/ -, after using the same for running the cold -storage. Said Sri Chandra Shekhar Prasad Singh was issued the bill dated 22nd October, 2009 along with final assessment order dated 20th September, 2009, but, he has not paid the said amount to the respondent - Electricity Company and filed a writ petition bearing W.P.(C) No. 5593 of 2009 for quashing the final assessment dated 20th September, 2009 and the bill dated 22nd October, 2009. This writ petition bearing W.P.(C) No. 5593 of 2009 was withdrawn by Sri Chandra Shekhar Prasad Singh on 8th August, 2014 and the respondents have started taking all steps, including the proceedings for auction of the premises, in question, so that the dues of the respondents can be recovered from Sri Chandra Shekhar Prasad Singh. The electricity supply of the cold -storage, in question, has been disconnected since long, on account of non -payment of energy charges as also other charges. There was also a case of theft of energy. Delayed payment surcharge is also upon the property, in question. The dues of electricity can be recovered as a land revenue and there can also be a recovery of the dues under Bihar and Orissa Public Demand Recovery Act, especially under Section 18 thereof. Thus, the dues are attached with the property and can be recovered as a land revenue.
(3.) ARGUMENTS CANVASSED ON BEHALF OF THE APPELLANT: This appellant (original petitioner) is a separate legal entity, who can sue or can be sued. This appellant (original petitioner) is in no way connected with the earlier defaulter viz. Sri Chandra Shekhar Prasad Singh. Reliance has been placed upon a decision rendered by Hon'ble Supreme Court in the case of Isha Marbles v. Bihar State Electricity Board and ors., 1995 2 SCC 648. This appellant (original petitioner) is legally entitled to get the electricity connection and is ready and willing to pay the charges of electricity consumption and all such other incidental charges, for getting electricity connection. In the judgment of the learned single Judge it has been observed that this appellant (original petitioner) is an agent of Bihar State Cooperative Marketing Union Ltd. (lessor) to run and manage the cold -storage, but, this is incorrect, as the present appellant is a lessee of the lessor and not the agent. The aforesaid aspects of the matter have not been properly appreciated by the learned single Judge and hence, the judgment and order passed by the learned single Judge in W.P. (C) No. 2505 of 2014 dated 27th June, 2014 deserves to be quashed and set aside and the letter issued by the Electrical Superintending Engineer, Electric Supply Circle, Ranchi, may be quashed and set aside, by allowing the instant Letters Patent Appeal and the writ petition, preferred by this appellant (original petitioner). Arguments CANVASSED ON BEHALF OF THE RESPONDENTS: The premises, in question, is a cold -storage - commercial premises, which is consuming lot of electricity. The lessor viz. Bihar State Cooperative Marketing Union Limited, has given the premises, in question, on lease, initially to one Sri Chandra Shekhar Prasad Singh, who never paid the dues of electricity, as stated herein above to the tune of Rs.43,03,394/ - and Rs.28,794/ -. Thereafter, notice was issued to the said Sri Chandra Shekhar Prasad Singh, assessment was made and the final assessment order is dated 20th September, 2009 and the bill was also finalized and was issued on 22nd October, 2009. Instead of depositing the aforesaid amount, Sri Chandra Shekhar Prasad Singh filed a writ petition bearing W.P.(C) No. 5593 of 2009 before this Court, which was ultimately withdrawn by the said petitioner (Sri Chandra Shekhar Prasad Singh) on 8th August, 2014. However, the respondents -Electricity Company has not started any proceeding for recovery of the amount. Meanwhile, the property, in question, has been given on lease by the lessor to the present appellant (original petitioner) and as there are dues on the premises, in question, the electricity connection has not been given to the premises, in question. As per Clause 1 of the agreement between the lessor and lessee, which is at Annexure 1 to the memo of Letters Patent Appeal, the lessee is an agent of the lessor. As per Clause 10 of the agreement between lessor and lessee (appellant), the lessee is bound to pay timely all electric consumption or other charges and the lessee shall not leave any amount to be paid on this account on the date of expiry of the lease. Further, at the end of every month, the proof of payment of electricity bill will be produced before the lessor and the lessor shall have option to realize the unpaid bills or other liabilities thereon. As per several Clauses of the lease deed, the electricity dues are to be paid by the lessee and if the same are not paid, the lessor can recover the same. The dues upon the premises, in question, with interest etc. is more than Rs.50,00,000/ - and, therefore, the electricity connection, which has been disconnected since long, has not been revived by the respondents -Electricity Company, till the electricity dues are paid, vide letter dated 25th April, 2014 (Annexure 3 to the memo of Letters Patent Appeal), which was under challenge in the writ petition and, thus, no error has been committed by the learned single Judge in appreciating these contentions of the respondents. As per the definition of the word "consumer" and as per Section 2(15) of the Electricity Act, 2003, the owner of the premises is also covered by the word "consumer" and, therefore, both lessor as well as lessee are responsible for payment of electricity consumed charges and, therefore also, unless the dues are paid either by the lessee or by the lessor, no fresh connection can been given for the very same coldstorage - the premises, in question. The dues of electricity consumption charges can also be recovered as an arrear of land revenue, even by auctioning the premises, in question. Thus, the dues are attached with the property, if not paid by the person/body concerned. The dues can also be recovered under the provisions of Bihar and Orissa Public Demand Recovery Act, 1914, especially as per Section 18 to be read with Section 3(6) and with Clause No. 9 -A of Schedule I to the Act, 1914.. Relying upon a decision, rendered by Hon'ble Supreme Court in the case of Paschimanchal Vidyut Vitran Nigam v. DVS Steels and Alloys Private Limited and ors., 2009 1 SCC 210, it is submitted that the distributor of the electricity can stipulate in the terms, subject to which it would supply electricity. It can stipulate, as one of the conditions for supply, that the arrears or dues in regard to the supply of electricity made to the premises when it was in occupation of the previous owner or occupant, should be cleared before the electricity supplied is restored to the premises or a fresh connection is provided to the premises. In the facts of the present case also, there is a condition of the distributor of electricity that unless the earlier dues are paid, there shall be no restoration of the electricity nor shall there be any fresh connection to the same premises. This aspect of the matter has been properly appreciated by the learned single Judge and hence, this Letters Patent Appeal may not be entertained by this Court. ;