JUDGEMENT
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(1.) The petitioner, M/s Subernrekha Enterprises, through its proprietor,
Shri Alok Khaitan, has filed this writ petition seeking a direction upon
the respondents-Board to activate the new electrical
connection of the petitioner which the Board
has sanctioned and granted and which the
Board is withholding on the ground that
there are some dues of the Board from another partnership firm, namely, M/s. Bharat
Agrico which has been closed down in 1997.
(2.) Petitioner's case is that the petitioner
set up an Induction Furnace Unit for casting Iron components to be manufactured.
For that the petitioner required electrical
connection to the extent of 310 KVA. The
petitioner said to have deposited the requisite fees and the petitioner's application was
finally sanctioned. After deposit of the security amount a written agreement was
executed on 11-12-2004. After completing all
the formalities only the activation of the
electrical line was to be done by the Board
but the petitioner was informed that there
are huge amount of dues in the name of M/
s. Bharat Agrico in which the petitioner was
a partner and, therefore, unless the dues
are paid, new electrical connection cannot
be given.
(3.) A counter affidavit has been filed by
the Board wherein it is stated that a dues of
Rs. 14,33,102/- exists in the name of the proprietor of this firm, namely, Shri Alok
Khaitan and a certificate proceeding has
already been initiated being certificate case
No. 188/2000-01 before the Certificate Officer, Ranchi. It is stated that the
Certificate Officer has already issued warrant
against Shri Alok Khaitan for recovery of
the aforesaid dues.;
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