Disposed

Animesh Estates Pvt.Ltd. v. the Bihar State Electricity Bo

Patna HC18 Apr 2011CWJC/4629/2011

Case brief

AI extract

What is this about?

Petitioner sought a fresh electricity connection denied due to tenant arrears. Supreme Court law was applied to quash dismissal and directed Board to consider claim via personal hearing.

What did the court decide?

Petitioner to be granted a personal hearing; Board to pass reasonable order considering Supreme Court law on Attorney Estoppel or Electricity Supply laws.

Animesh Estates Pvt.Ltd. Vs the Bihar State Electricity Bo — Banking and Recovery | Patna HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4629 of 2011 ANIMESH ESTATES PVT.LTD. . Versus

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THE BIHAR STATE ELECTRICITY BOARD & ORS.

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18.04.2011

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Heard learned counsel for the petitioner and the Electricity Board.

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The petitioner is stated to be the owner of the premises in question. The admitted fact is that he had leased out certain areas of the same to three tenants. The electricity connection was in the name of the tenants with the meter standing in their names. They have defaulted in certain payments but have vacated the premises. The petitioner claims to have intimated to the Board for disconnecting supplies due to the outstandings and also to have furnished the names with addresses of the tenants to enable the Board to recover the arrears.

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The petitioner desires a fresh electric connection for in his own name which is denied due

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to outstandings in the name of his tenants.

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Rather than to require the Board to file a counter affidavit, when the law on this aspect stands more than well considered and explained by the Supreme Court in (2010) 9 SCC 145 (Haryana State Electricity Board Vs. Hanuman Rice Mills, Dhanauri

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& Ors.), more particularly at Paragraph-12 as

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follows:-

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“12. The position therefore may be summarized thus:

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(i) Electricity arrears do not constitute a charge over the property. Therefore in general law, a transferee of a premises cannot be made liable for the dues of the previous owner/occupier.

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(ii) Where the statutory rules or terms and conditions of supply which are statutory in character, authorize the supplier of electricity to demand from the purchaser of a property claiming reconnection or fresh connection of electricity, the arrears due by the previous owner/occupier in regard to supply of electricity to such premises, the supplier can recover the arrears from a purchaser.”

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this writ application is disposed with the observations that let the claim of the petitioner be considered by the Board in light of the law laid down, grant him a personal hearing and then pass appropriate reasoned and speaking order within a maximum period of four weeks from the date of receipt/production of a copy of this order.

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The writ application stands disposed.

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P. Kumar

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( Navin Sinha, J.)

Animesh Estates Pvt.Ltd. v. the Bihar State Electricity Bo

Case brief

What is this about?

What did the court decide?

Animesh Estates Pvt.Ltd. v. the Bihar State Electricity Bo

Case brief

What is this about?

What did the court decide?

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