ANUP KUMAR CHOUDHARY Vs. JHARKHAND STATE ELECTRICITY BOARD, RANCHI : CHIEF ENGINEER (ELECTRICAL), J.S.E.B.,
LAWS(JHAR)-2009-9-29
HIGH COURT OF JHARKHAND
Decided on September 03,2009

Anup Kumar Choudhary Appellant
VERSUS
Jharkhand State Electricity Board, Ranchi : Chief Engineer (Electrical), J.S.E.B., Ranchi : Executive Engineer, Electric Supply Division, J.S.E.B., Kokar Rural Respondents

JUDGEMENT

- (1.) PETITIONER , in this writ application, has prayed for issuance of an appropriate writ in the nature of certiorari for quashing the order dated - 19.08.1995 (Annexure -8), by which the Respondents have rejected the petitioner's application for providing electric connection to his premises situated within Plot No. 1253 to 1262 at Mihilong, Namkom in the district of Ranchi. The grievance of the petitioner is that in spite of his application submitted together with requisite fee, the Respondents have failed to provide electric connection to his premises.
(2.) EARLIER , with the same prayer, the petitioner had preferred a writ application vide W.P. (C) No. 3055 of 2005. While disposing of the said writ application, this Court by its order dated 29.06.2005, instead of deciding the case on merits, gave liberty to the petitioner to approach the Executive Engineer, Electric Supply Division, Kokar Urban Area, Ranchi and with a corresponding direction to the Respondents to decide the petitioner's claim within two months by taking into consideration, the decision rendered by the Supreme Court in the case of Isha Marbles V/s. Bihar State Electricity Board & others reported in (1995) 2 SCC 682, wherein the Supreme Court held that the electric connection cannot be refused to the subsequent owner on the ground of outstanding dues against the erstwhile owner and to communicate to the petitioner, if any adverse decision is taken by the concerned authorities. The representation having been rejected by the impugned order, the petitioner has filed the instant writ petition. The petitioner's case is that he had purchased the land alongwith residential house situated over the aforementioned plots, comprising a total area of 6.48 acres, from one M/s. Sahu Gupta Industries, under a registered sale deed dated 11.09.2000. The name of the petitioner was mutated in the Government Revenue Records vide an order dated 23.03.2001, passed in Mutation Case No. 787 -R/2000 -2001. After mutation, the petitioner had deposited rent and had obtained rent receipt. The petitioner thereafter submitted his application alongwith requisite fee, before the Respondent -Electricity Board, praying for giving electric connection to his premises. His prayer was however, refused by the Respondents -authorities on the ground that some dues towards electricity charges against the erstwhile owner of the land, have remained unpaid.
(3.) PURSUANT to the directions contained in the order passed in the earlier writ application, the petitioner submitted his detailed representation, enclosing therewith a copy of the sale deed, copies of the rent receipts and other particulars as well as the requisite fees.;


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