IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P (S) No. 3842 of 2008
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Binay Prakash .... Petitioner
Versus
The Jharkhand State Electricity Board & others …. Respondents
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CORAM: HON’BLE MR. JUSTICE D. N. PATEL
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For the Petitioner : Mr. Ajit Kumar, Advocate
For the Respondents : Mr. Mukesh Kumar, S.C.
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Dated 11th February, 2009
1. The present petition has been preferred mainly ventilating a
grievance that the respondents are not giving electricity connection
to the petitioner for the premises which has been purchased by the
petitioner vide Registered Sale Deed document dated 24.10.2003
under the pretext that predecessor entitle has not paid electricity
bill and therefore, new connection to the petitioner is denied.
Against this action of the respondents, the present petition has
been preferred.
2. Having heard counsel for both the sides and looking to the
facts and circumstances, it appears that :-
(i) That the petitioner has purchased the properties by
Registered Sale Deed dated 24.10.2003 from his
predecessor-in-title.
(ii) It also appears from the facts of the case that the
petitioner applied for fresh electricity connection in
his own name. Necessary charges for getting
reconnection have also been paid to the respondents
on 18.11.2006. Despite this, the electricity connection
has not been supplied by the respondents.
(iii) It appears from the contentions by the counsel for the
respondents that there are dues to be paid by the
petitioner towards electricity charges. It also appears
from the facts of the case that no electricity has been
supplied to the petitioner and therefore, there are no
dues of the petitioner. Thus, it appears that these are
2dues of the predecessor-in-title, towards consumption
of electricity which was consumed by him.
(iv) It also appears from the facts of the case that the
petitioner has not accepted the liability of the
predecessor-in-title for the payment of the electricity
dues. Counsel for the respondent is unable to point
out any clause of any agreement or any letter written
by the petitioner to the respondents accepting the
liability towards electricity charges of his predecessor-
in-title.
(v) It also appears that the respondent Board is imposing
a liability of predecessor-in-title upon the present
petitioner. This is not permissible in the eye of law.
(vi) It has been submitted by the counsel for the petitioner
that as per Electricity Supply Code, 2005 enacted
under the provisions of the Electricity Act, 2003,
Clause 5.1 reads as under :-
5. Requisition for supply :
5.1 Requisition for a new supply of electricity shall be
made by the owner/occupier of the premises in duplicate in
the prescribed form of the licensee which shall be available
at a cost from the local office of the licensee. The model
format of the application form is provided in Schedules-I
and II of these Regulations. The license shall necessarily
supply two copies of agreement format, one copy of tariff
schedule and one copy of Electricity Supply Code along with
the application forms. Copies of application form and other
necessary required documents as mentioned above down
loaded from the website of licensee may also be used by
applicant and shall be accepted by the licensee.
On the application form there shall be clearly
mentioned the names and address form where the
application form can be obtained and where the application
form can be obtained and where the filled up application
form will be submitted.
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Any assistance or information required in filling up
the form will be provided to the applicant at the local office
of the licensee.
5.2 The application shall indicate in the application for
electricity supply his full name and address (permanent if
any) with telephone number and also detail address of the
premises for which requisition of supply has been made
including Khata No., Khesra No., Municipal holding No.,
house (Plot No. etc. as applicable). The applicant shall also
provide following information’s/particulars in the
application :
(a) Name and address of the licensed Electricity
contractor through whom the
wiring/installation will be/have been carried
out.
(b) Purpose of usages of electricity and load for
each such usage.
(c) Whether application is for new connection,
temporary connection, shifting of service,
additional load, change of name or change of
type (category) of service(tariff).
(d) Whether the applicant wants to carry out the
works of laying service line and/or dedicated
distribution facility for the electricity supply
requisitioner.
5.3 The applicant shall furnish along with application for
requisition of electricity supply following documents :
(a) Two photographs affixed one each in the
duplicate copies of the application form.
(b) Proof of legal occupancy in the form of copies of
sale-deed or partition deed or succession
certificate or power-or-attorney or lease/rent
agreement or allotment order or in case of
agricultural connection “Khata nakal” giving
Khesar No.
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(c) In case of a partnership firm, partnership deed,
authorization in the name of the applicant for
signing the requisition form and agreement.
(d) In case of public and/or private limited
company, Memorandum and Articles of
Association and Certificate of incorporation
together, with an authorization in the name of
the applicant for signing the requisition form
and agreement.
In view of the aforesaid provisions also, no liability of the
predecessor-in-title can be fasten upon the present petitioner.
(vii) It has also been held by the Hon’ble Supreme Court in
the case of Isha Marbles Vs. Bihar State Electricity
Board and Anr. reported in 1995(2) SCC 648 especially
in paragraph Nos. 61, 62 and 63 reads as under :-
“61. What we have discussed above appears to be the
law gatherable from the various provisions which we
have detailed out above. It is impossible to impose on
the purchasers a liability which was not incurred by
them.
62. No doubt, from the tabulated statement above set
out, the auction-purchasers came to purchase the
property after disconnection but they cannot be
“consumer or occupier” within the meaning of the
above provisions till a contract is entered into.
63. We are clearly of the opinion that there is great
reason and justice in holding as above. Electricity is
public property. Law, in its majesty, benignly protects
public property and behoves everyone to respect
public property. Hence, the courts must be zealous in
this regard. But, the law, as it stands, is inadequate to
enforce the liability of the previous contracting party
against the auction-purchaser who is a third party and
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is in no way connected with the previous
owner/occupier. It may not be correct to state, if we
hold as we have done above, it would permit
dishonest consumers transferring their units from one
hand to another, from time to time, infinitum without
the payment of the dues to the extent of lakhs and
lakhs of rupees and each one of them can easily say
that he is not liable for the liability of the predecessors
in interest. No doubt, dishonest consumers cannot be
allowed to play truant with the public property but
inadequacy of the law can hardly be a substitute for
overzealousness”.
(Emphasis supplied)
The aforesaid judgement has also been followed
in the subsequent judgements rendered by the
Hon’ble Supreme Court which is binding to the
respondent Electricity Board.
(viii) In view of the aforesaid decision also, no
liability of the predecessor-in-title of dues of electricity
can be imposed upon a purchaser of the property
especially when no such liability has been accepted by
the subsequent purchaser.
3. As cumulative effect of the aforesaid facts, reasons and
judicial pronouncements, no liability of the predecessor-in-title can
be imposed upon the petitioner for the payment of electricity dues
and therefore, if there is no other objection for grant of fresh
electricity connection to the petitioner, the respondents are hereby
directed to give fresh – new electricity connection forthwith in the
name of the petitioner upon receiving necessary charges towards
fresh – new electricity connection without levying predecessor-in-
title’s dues from the petitioner.
Petition is allowed and disposed of.
(D.N. Patel, J)
Birendra/