Softbytes Computers, Ranchi vs B.S. Electricity Board and Others

S.J. Mukhopadhyaya, J.—The case relates to grant of electrical connection in the premises in question.

According to the petitioner, it took premises on rent/lease covering an area of 1860 sft. in the first floor of M.S. Plot No. 1223, a portion of Holding No. 736-A, Ward No. 14 within the Ranchi Municipal Corporation area. The petitioner is stated to have approached the Respondent, Assistant Electrical Engineer, Electricity Board, Ranchi for fresh electrical connection, but it was not accepted on the ground of outstanding dues against the two earlier connections, namely, T-5 CS T 844 and T-5 CS T 8052, which were in the name of the mother of the landlord and another Shri Chittranjan.

The petitioner has specifically pleaded that he has no relationship with the earlier electrical connection holder, except that the petitioner is tenant of the landlord.

Reliance was also placed by the counsel on a Supreme Court decision in Isha Marbles Vs. Bihar State Electricity Board and Another, and an un-reported decision of this Court in Shri Ram Udyog v. B.S. Electricity Board, (CWJC No. 3774 of 1998- R), disposed of on 19th February, 1999.

In spite of time allowed to the respondents, no affidavit has been filed, though earlier it was specifically mentioned that the case will be disposed of today.

Mr. Sen, the counsel for the Board stated that the electrical connection could not be given because of outstanding dues against the erstwhile meter holders of the premises in question.

The matter stands settled by the decision of Supreme Court in Isha Marbel (supra) and M/s. Shri Ram Udyog (supra) and other similar decisions given by this Court.

Having regard to the facts and circumstances, the respondents are directed to grant electrical connection in favour of petitioner immediately, if the requisite amount/fee is deposited with other relevant documents.

No refusal can be issued, except by reasoned order, it any relationship is found between the applicant and the erstwhile meter holder(s) against whom the amount is found to be outstanding.

However, this order will not stand in the way of the Board to recover the amount from the erstwhile meter holder(s).

The writ petition stands disposed of with the aforesaid observations and directions.

Petition disposed of.