Judgment:
D.N. Patel, J.
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 dues 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.
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.
(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 v. Bihar State Electricity Board and Anr. reported in : [1995]1SCR847 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 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 judgment has also been followed in the subsequent judgments 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.