- (1.) Seeking a direction upon the respondents to immediately grant fresh electric connection to the petitioner and for a direction to the respondents to pay penalty in terms of Section 43 (3) of the Electricity Act, 2003 for their failure to provide electric connection to the petitioner within 30 days of the date of application ie. 08.01.2015, the present writ petition has been filed.
(2.) The brief facts of the case are that the petitioner purchased about 3.18 acres of land belonging to M/s Om Dayal Ingots & Steel Private Limited by registered deed of sale dated 16.04.2009 for valuable consideration and it came in peaceful possession of the land comprised in plot no. 1292 in Khata no. 42 measuring 2.68 acres, land comprised in plot no. 1327 in khata no. 1 about 11 decimals and 5 decimals of land in plot no. 1328 in khata no. 1. The land comprised in plot no. 1297 khata no. 190 about 0.34 acres in mouza Katia, thana no. 259 PSChandil is also comprised in the sale deed dated 16.04.2009. The petitioner thereafter, made an application on 08.01.2015 for fresh electric connection however, no action was taken by the respondentauthority and therefore, the petitioner has approached this Court. It is stated that the petitioner has no business connection with M/s Om Dayal Ingots & Steel Private Limited and he is not the partner/ director/managing Director of the said company.
(3.) Mr. M.S. Mittal, the learned Senior counsel for the petitioner refers to Clause 5.5 of the Jharkhand Electric Supply Code Regulation, 2005 and submits that the petitioner though, has purchased the concerned premises from the erstwhile owner M/s Om Dayal Ingots & Steel Private Limited, the dues of electricity of the erstwhile owner and occupier of the concerned premises cannot be recovered from the petitioner. It is further submitted that the petitioner is a purchaser and a transferee by virtue of sale deed dated 16.04.2009 and since he was not a party to the agreement executed between the erstwhile company and the then Jharkhand State Electricity Board in his individual capacity nor he was associated with the erstwhile company as partner, manager or managing Director, the respondentJharkhand Urja Vikas Nigam Limited is under a duty to provide electric connection to the petitioner within one month from the date of application.;