SUBERNREKHA ENTERPRISES Vs. JHARKHAND STATE ELECTRICITY BOARD
LAWS(JHAR)-2009-12-3
HIGH COURT OF JHARKHAND
Decided on December 10,2009

SUBERNREKHA ENTERPRISES Appellant
VERSUS
JHARKHAND STATE ELECTRICITY BOARD Respondents

JUDGEMENT

- (1.) THE petitioner has approached the Court against the decision of the respondent Board refusing to give a fresh electricity connection to the petitioner unless the petitioner clears electricity dues of the earlier owner of the property.
(2.) IT appears that the original owner had certain dues of electricity and also certain dues of the Bihar State Financial Corporation. The Bihar State Financial Corporation auctioned the property which was purchased by M/s. S. D. Minerals. The petitioner purchased the property from M/s. S. D. Minerals. After purchase, the petitioner sought an electricity connection which has been denied on the aforesaid ground. Counter affidavit has been filed and in the counter affidavit reliance has been placed by the Board, in justification of its demand, upon the decision of the Supreme Court in the case of "Paschimanchal Vidyut Vitran Nigam Limited and others v. DVS Steels and Alloys Private Limited and others" reported in (2009) 1 SCC 210 : (AIR 2009 SC 647 : 2009 (2) AIR Jhar R 654).
(3.) DURING the hearing learned counsel for the Board, in addition to the aforesaid decision, also placed reliance upon another decision of the Supreme Court in the case of "Dakshin Haryana Bijili Vitran Nigam Ltd. v. Paramount Polymers (P) Ltd." reported in 2006 (13) SCC 101 : AIR 2007 SC 2 : 2007 (2) AIR Jhar R 400.;


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