Prashant Kumar, J. - (1.) THIS application has been filed for issuance of a direction commanding the respondents to give electric connection for 1500 KVA to the petitioner's industry at Industrial Plot No. F -5, Industrial Area, Jasidih, district Deoghar. It is stated that M/s. Industrial Traders had purchased the assets of M/s. Macloid Steel Private Limited in the auction conducted by the Company Judge in Company Petition No. 14 of 1998(F). Petitioner purchased the aforesaid industry from M/s. Industrial Traders by Sale Agreement on 08.10.2013 (Annexure -4). Thereafter, the said industry settled with the petitioner by Santhal Pargana Audyogik Kshetra Pradhikaran, Dumka, Thereafter, petitioner applied for electrical connection and deposited required fee and other documents enumerated in the Regulation. But the respondents refused to give electric connection to the petitioner on the ground that on the industrial premises, there was old electricity dues. Accordingly, present writ application filed.
(2.) A counter affidavit filed by the respondents, wherein at paragraph No. 11 it is stated that one of the Directors of the petitioner's company namely Rajeev Tekriwal is co -villager of erstwhile owner of M/s. Macloid Steel Pvt. Ltd. therefore, he is related with the aforesaid company. Thus, as per Clause 5.5 of the Jharkhand (Electricity Supply Code) Regulation, 2005, respondent company is not obliged to give new electric connection to the petitioner. Having heard the submissions, I have gone through the record of the case.
(3.) CLAUSE 5.5 of the Jharkhand (Electricity Supply Code) Regulation, 2005 runs as follows: - "If the applicant, in respect of an earlier agreement executed in his name or in the name of a firm or company with which he was associated either as a partner, director or managing director, has any arrears of electricity dues or other dues for the premises where the new connection is applied for and such dues are payable to the licensee, the requisition for supply may not be entertained by the licensee until the dues are paid in full. But if the old consumer who had committed default in payment of the dues has left the premises for good and the concerned premises has come in legal possession of a new occupant through transfer or purchase of the concerned property and where the new incumbent is not connected with the previous owner/occupant in any manner applies for reconnection of the electrical line in the same disconnected premises, in that event the distribution licensee shall be obliged to order reconnection without realization of the arrear dues of concerned premises from the new incumbent, as the purchaser of the premises would not be held liable to meet the liability of the previous consumer in order to secure reconnection.";